DocketNumber： 02-13-00447-CV
Filed Date： 2/6/2014
Status： Precedential
Modified Date： 10/16/2015
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-13-00447-CV JOE REECE AND/OR ALL OTHER APPELLANTS OCCUPANTS V. U.S. BANK NATIONAL APPELLEE ASSOCIATION, AS TRUSTEE SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS TRUSTEE, AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET INVESTMENT LOAN TRUST MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2002-2, ITS SUCCESSORS AND ASSIGNS ------------ FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY ------------ MEMORANDUM OPINION1 ------------ 1 See Tex. R. App. P. 47.4. Pro se appellant Joe Reece attempts to appeal the trial court’s order granting appellee’s motion to strike his “Verified Motion For Bill of Review and Emergency Temporary Restraining Order and/or Preliminary Injunction.” Appellee filed a motion to dismiss the appeal for want of jurisdiction, pointing out that mandate has already issued in this case. See Reece v. U.S. Bank Nat’l Ass’n, No. 02-12-00427-CV,2013 WL 2338730
, at *1 (Tex. App.—Fort Worth May 30, 2013, pet. dism’d w.o.j.) (mem. op.). In his response, appellant concedes that he previously appealed in this court “and [l]ost and; that Appellant appealed to the Texas Supreme Court and lost there, as well.” A bill of review may not be used as an additional remedy after one has made a timely, but unsuccessful, appeal. Rizk v. Mayad,603 S.W.2d 773
, 776 (Tex. 1980). Therefore, we grant appellee’s motion and dismiss the appeal. See Tex. R. App. P. 43.2(f). PER CURIAM PANEL: MCCOY, MEIER, and GABRIEL, JJ. DELIVERED: February 6, 2014 2