Cortney Austin v. Jacob See

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-25-00227-CV

Cortney AUSTIN,

Appellant

v.

Jacob SEE,

Appellee

From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 2024-CI-16670 Honorable Cynthia Marie Chapa, Judge Presiding

PER CURIAM

Sitting: Lori I. Valenzuela, Justice Adrian A. Spears II, Justice H. Todd McCray, Justice

Delivered and Filed: May 28, 2025 DISMISSED FOR LACK OF JURISDICTION Appellant filed a notice of appeal challenging an order granting a petition for bill of review.

“‘A bill of review which sets aside a prior judgment but does not dispose of all the issues of the case on the merits is interlocutory in nature and not a final judgment appealable to the court of appeals or the supreme court.’” Kiefer v. Touris, 197 S.W.3d 300, 302 (Tex. 2006) (per curiam) (quoting Tesoro Petroleum v. Smith, 796 S.W.2d 705, 705 (Tex.1990) (per curiam)).

04-25-00227-CV

In this case, the challenged order vacated a previous judgment, re-opened the underlying cause, and granted a new trial. Because the challenged order therefore did not appear to be a final appealable judgment, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. See id.; Diaz v. Lopez, No. 04-22-00237-CV, 2022 WL 2334533, at *1 (Tex. App.—San Antonio June 29, 2022, no pet.) (mem. op.) (per curiam).

On May 12, 2025, appellant filed a written response in which she agreed that this appeal should be dismissed for lack of jurisdiction because the challenged order is not a final judgment. 1 We therefore dismiss this appeal for lack of jurisdiction.

PER CURIAM

1 In her response, appellant noted that she had contemporaneously filed a petition for writ of mandamus challenging the bill of review. That petition, which was docketed in cause number 04-25-00300-CV, remains pending before this court.