Opinion
No. 04-03-00400-CV.
Delivered and Filed: March 31, 2004.
Appeal from the 131st Judicial District Court, Bexar County, Texas, Trial Court No. 2002CI10399, Honorable John J. Specia, Judge Presiding.
The Honorable John D. Gabriel, Jr., the presiding judge of the 131st Judicial District Court, Bexar County, Texas, presided over the hearing regarding A. Supreme Movers, Inc.'s petition for bill of review. The Honorable John J. Specia, Jr. signed the order granting the petition for bill of review and vacating the default judgment.
Dismissed for Lack of Jurisdiction.
Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
On September 17, 2001, a default judgment was entered against Appellee A. Supreme Movers, Inc. On July 17, 2002, A. Supreme Movers, Inc. filed an original petition for bill of review in the trial court, seeking to vacate the default judgment. On February 25, 2003, the trial court granted the petition for bill of review and vacated the default judgment. Appellant Majid Siadat-Pajouh filed a notice of appeal.
In Jordan v. Jordan, the supreme court held that "[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." 907 S.W.2d 471, 472 (Tex. 1995) (citing Tesoro Petroleum v. Smith, 796 S.W.2d 705 (Tex. 1990)); see also Hartford Underwriters Ins. v. Mills, 110 S.W.3d 588, 591 (Tex. App.-Fort Worth 2003, no pet.). Holding that the court of appeals lacked jurisdiction over the appeal, the supreme court reversed the decision of the court of appeals and dismissed the appeal for lack of jurisdiction. Jordan, 907 S.W.2d at 472.
Relying on Jordan, we ordered Appellant Majid Siadat-Pajouh to show cause why this apepal should not be dismissed for lack of jurisdiction. Siadat-Pajouh failed to respond. We, therefore, dismiss this appeal for lack of jurisdiction.