Thomas v. 462 Thomas Family Properties, L.P., 559 S.W.3d 634 (Tex. App.—Dallas 2018, pet. denied).
The losing party at trial sought, among other
things, a statutory bill of review under Estates Code § 55.251. The
underlying issue was whether an undisclosed personal relationship
between the judge and the opposing party’s attorney influenced the
decision. The trial court dismissed the petition for a bill or review.
The appellate court affirmed the dismissal. The
court explained that the appellant’s brief failed to reference the
Estates Code bill of review provision and failed to cite any legal
authority applicable to the Estates Code. Thus, the court held that the
appellant did not present “any error with respect to the petition for a
statutory bill of review for our consideration.” Id. at 644.
Moral: A party appealing the dismissal of a
statutory bill of review should reference the applicable Estates Code
section and demonstrate how each of the elements to obtain a bill of
review were satisfied.