Unreported / Non-Citable
Background
Quality Powerline, LLC appealed a June 2, 2026 order granting Casey Carman’s bill of review and setting aside a prior judgment. The order did not resolve the merits of the underlying controversy.
Instead, the trial court reopened the underlying case and directed the parties to confer about selecting a trial date and entering a scheduling order. After the court of appeals questioned its jurisdiction, Quality Powerline agreed that the court lacked jurisdiction.
The Court’s Holding
The court held that the order granting the bill of review was interlocutory because it reopened the case without disposing of the underlying claims on their merits. It therefore was not a final, appealable judgment.
Because no statute authorized an interlocutory appeal from the order, the court dismissed the appeal for want of jurisdiction under Texas Rule of Appellate Procedure 42.3(a).
Key Takeaways
- An order granting a bill of review is not final when it sets aside a prior judgment but leaves the underlying dispute unresolved.
- Reopening a case for further scheduling and trial proceedings confirms that merits issues remain pending.
- Without a final judgment or statutory authorization for an interlocutory appeal, the appellate court lacks jurisdiction.
Why It Matters
The decision underscores that obtaining bill-of-review relief does not necessarily create an immediately appealable order. Parties generally must await resolution of the reopened case unless a statute independently permits interlocutory review.