Thomas v. 462 Thomas Family Properties, L.P., 559 S.W.3d 634 (Tex. App.—Dallas 2018, pet. denied).

Estate Administration

Bill of Review


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.