Lorrie G. Hale v. Brian E. Hale ( 2008 )

MEMORANDUM OPINION
No. 04-08-00272-CV
Lorrie G. HALE,
Appellant
v.
Brian E. HALE,
Appellee
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-CI-14517
Honorable John D. Gabriel, Jr., Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: June 18, 2008
DISMISSED FOR WANT OF JURISDICTION
This is an appeal from a judgment granting a petition for bill of review, vacating a prior
judgment and ordering a new trial. We dismiss for want of jurisdiction.
In November 2003, Lorrie Hale sued Brian Hale to enforce an out-of-state divorce decree.
On December 22, 2003, the trial court signed a default judgment against Brian in the enforcement
action. Brian subsequently filed a petition for bill of review in the trial court, seeking to vacate the
04-08-00272-CV
default judgment. On January 24, 2008, the trial court granted the petition for bill of review. In its
judgment, the trial court vacated the prior default judgment and ordered a new trial on the issue of
child support. Lorrie later filed this appeal.
After Lorrie perfected her appeal, Brian filed a motion to dismiss the appeal for want of
jurisdiction. Relying on Jordan v. Jordan, 907 S.W.2d 471 (Tex. 1995), Brian contends that the
January 24, 2008 judgment is interlocutory and not appealable. We agree.
The January 24, 2008 judgment set aside the court’s prior judgment but did not dispose of
the merits of the case; therefore, the January 24, 2008 judgment is not a final, appealable judgment.
See id. at 472 (“A bill of review which sets aside a prior judgment but does not dispose of the case
on the merits is interlocutory and not appealable.”); see also In re B.F.A., No. 04-04-00835-CV,
2005 WL 154258, *1 (Tex. App.—San Antonio 2005, no pet.) (mem. op.). Brian’s motion to
dismiss is granted, and the appeal is dismissed for want of jurisdiction.
PER CURIAM
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