Annette S. Muecke v. John L. McClung

• Court: Court of Appeals of Texas
• Decided: April 21, 1999
• Docket: 04-98-00465-CV
• Status: Published

Opinion

No. 04-98-00465-CV

Annette S. MUECKE, Appellant

v.

John L. McCLUNG, Appellee

From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 98-CI-02033 Honorable Charles W. Barrow, Judge Presiding

Per Curiam

Sitting: Tom Rickhoff, Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: April 21, 1999

AFFIRMED

Annette Muecke, pro se, appeals the denial of her petition for bill of review. Because the issues in this appeal involve the application of well-settled principles of law, we affirm the trial court's judgment in this memorandum opinion. See Tex. R. App. P. 47.1.

In 1993, Muecke sued John McClung and several others for legal malpractice. In February 1994, the trial court granted McClung a summary judgment, which became final the following month when the court severed the claims against him. Although Muecke timely filed a notice of appeal, she later abandoned the litigation. Because Muecke did not pursue her appeal, the trial court did not abuse its discretion in denying her bill of review. See Caldwell v. Barnes, 975 S.W.2d 535, 537 (Tex. 1998); Lawrence v. Lawrence, 911 S.W.2d 443, 448 (Tex. App.--Texarkana 1995, writ denied); Brooks v. Associates Fin. Servs. Corp., 892 S.W.2d 91, 93 (Tex. App.--Houston [14th Dist.] 1994, no writ). Accordingly, we overrule Muecke's points of error and affirm the trial court's judgment.

DO NOT PUBLISH