Pollo Gordo, Inc. D/B/A/ Pollo Zapata & Telemedia, Inc. v. Isabel Ancira ( 2011 )

MEMORANDUM OPINION
No. 04-11-00410-CV
POLLO GORDO, INC. d/b/a/ Pollo Zapata and Telemedia, Inc.,
Appellants
v.
Isabel ANCIRA,
Appellee
From the 49th Judicial District Court, Zapata County, Texas
Trial Court No. 7300
Honorable Jose A. Lopez, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: October 5, 2011
DISMISSED FOR WANT OF JURISDICTION
Isabel Ancira filed a petition for a bill of review, seeking to set aside a money judgment
obtained against her by Pollo Gordo, Inc. d/b/a Pollo Zapata and Telemedia, Inc. On May 16,
2011, the trial court signed an order granting the bill of review and setting aside the judgment
against Ancira. However, the May 16, 2011 order did not dispose of the underlying case. On
June 1, 2011, Pollo Gordo, Inc. and Telemedia, Inc. filed a notice of appeal from the May 16
order.
04-11-00410-CV
We ordered appellants to show cause why the appeal should not be dismissed for want of
jurisdiction. See McCauley v. Consolidated Underwriters, 157 Tex. 475, 304 S.W.2d 265 (1957)
(order in a bill of review proceeding that sets aside the prior judgment, but does not dispose of
underlying case is interlocutory and not appealable); Kessler v. Kessler, 693 S.W.2d 522, 525-27
(Tex. App.—Corpus Christi 1985, writ ref=d n.r.e.) (for judgment in bill of review proceeding to
be final, it “must either (1) deny the complainant any relief or (2) grant the bill of review, set
aside the former judgment, and substitute a new judgment disposing of the entire controversy”).
Appellants have responded by filing a voluntary motion to dismiss. We grant the motion and
dismiss this appeal for lack of jurisdiction.
PER CURIAM
-2-