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.