John E. Rodarte, Sr. v. Ralph Lopez

Opinion

Fourth Court of Appeals San Antonio, Texas July 16, 2015

No. 04-15-00012-CV

John E. RODARTE, Sr., Appellant

v.

Ralph LOPEZ, et al, Appellees

From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2005-CI-18884 Honorable Michael E. Mery, Judge Presiding

ORDER

John E. Rodarte Sr. filed a bill of review in the trial court, seeking to set aside a December 2011 final judgment. The trial court summarily denied the bill of review on October 20, 2014, and Rodarte timely appealed that ruling. The record and Rodarte’s brief have been filed.

Appellees have file a motion to dismiss the appeal on the grounds of res judicata and law of the case. We deny the motion. Rodarte timely appealed the final judgment in a bill of review proceeding and this court has jurisdiction over the appeal.

The appellees’ brief is past due. If appellees desire to file a brief, they must do so by July 27, 2015.

_________________________________ Luz Elena D. Chapa, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of July, 2015.

___________________________________ Keith E. Hottle Clerk of