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eBook details

• Title: Hartford Underwriters Insurance v. Mills
• Author : Texas Court of Appeals
• Release Date : January 12, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

The issue in this appeal is whether the trial court abused its discretion in granting appellee Shirley Millss bill of review. In seven issues, appellant Hartford Underwriters Insurance challenges the granting of the bill of review, the findings of fact and conclusions of law on which the trial courts decision is based, and the trial courts taking judicial notice of certain evidence. On our own motion, we dismiss the appeal for want of jurisdiction.On May 14, 2003, we sent appellants counsel a letter (a) indicating our concern that we did not have jurisdiction over the case because the judgment granting appellees bill of review did not also dispose of the merits of the underlying lawsuit, and (b) directing appellants counsel to submit a response stating grounds for continuing the appeal. See Tex. R. App. P. 42.3(a), 44.3; Jordan v. Jordan, 907 S.W.2d 471, 472 (Tex. 1995) (per curiam); Mills v. Corvettes of Houston, Inc., 44 S.W.3d 197, 199 (Tex. App.--Houston [14th Dist.] 2001, no pet.). Appellant filed a response on May 23, 2003. In its response, appellant contends that the effect of the judgment granting the bill of review, which has a different cause number from the underlying workers compensation case, is to require the parties to litigate the merits of the underlying case under its former cause number. It claims that Jordan and Mills are distinguishable in that the bill of review claims appear to have been contained within the same cause numbers as the underlying cases. We disagree. A bill of review is an independent action brought to set aside a judgment that is no longer appealable or subject to challenge by a motion for new trial. Wembley Inv. Co. v. Herrera, 11 S.W.3d 924, 926-27 (Tex. 1999). The procedural requirements of a bill of review proceeding are as follows:

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