Mayra Isabel Bustamante v. Erik Bustamante

Summary

The Texas Court of Appeals for the First District dismissed Mayra Isabel Bustamante’s appeal for lack of jurisdiction. The court held that an order granting a bill of review and vacating a prior judgment, without resolving the case on the merits, was neither a final judgment nor an appealable interlocutory order; the dismissal did not affect the right to appeal any eventual final judgment.

Holdings

1. An order granting a bill of review that sets aside a prior judgment but does not dispose of all issues in the case on the merits is interlocutory and is not a final judgment appealable to the court of appeals.
2. An appeal from an interlocutory order granting a bill of review is not authorized by statute.
3. The court would not dismiss the appeal without prejudice to refiling under the circumstances presented.

Questions Presented

1. Whether the order granting the bill of review was a final, appealable judgment.
2. Whether a statute authorized an interlocutory appeal from the order granting the bill of review.
3. Whether the appeal could be dismissed without prejudice at appellant's request.

Disposition

dismissed