Texas Supreme Court

Karen Ann Gold, Petitioner v. Richard Stephen Gold, Jr., and Richard Stephen Gold, Sr., Respondents

September 3, 200447 Tex. Sup. Ct. J. 1178

Summary

The Texas Supreme Court held that a restricted appeal is not a prerequisite to filing a bill of review and reversed the Court of Appeals, remanding for further proceedings. It clarified that failure to pursue a restricted appeal does not constitute negligence that bars a bill of review, and that the trial court erred in dismissing the bill on other grounds of alleged negligence and lack of diligence.