Opinion
No. 14-07-00883-CV
Opinion filed January 31, 2008.
On Appeal from the 257th District Court, Harris County, Texas, Trial Court Cause No. 92-11993.
Panel consists of Chief Justice HEDGES and Justices ANDERSON and BOYCE.
MEMORANDUM OPINION
The Office of the Attorney General filed a restricted appeal from the trial court's order signed April 5, 2007, asserting it was a necessary party to the child support enforcement action pursuant to an assignment of child support arrearages. On January 25, 2008, appellant filed a motion to dismiss the appeal because it determined that a restricted appeal is not available to challenge the trial court's order. See TEX. R. APP. P. 42.1. The Office of the Attorney General was not named as a party or otherwise served with citation or notice, and it is not in privity with a party; therefore, its remedy is to seek an equitable bill of review rather than a restricted appeal. See Gunn v. Cavanaugh, 391 S.W.2d 723, 724-27 (Tex. 1965). The motion to dismiss is granted.
Accordingly, the appeal is ordered dismissed.