Cortney Austin v. Jacob See

• Court: Court of Appeals of Texas
• Decided: May 28, 2025
• Docket: 04-25-00227-CV
• Status: Published

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.

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.

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