Petition for Review - Filed - Supreme Court of Texas

Practice and Remedies Code,
Petitioner timely filed her petition for bill of
review shortly after discovery by her husband that she and him had a constitu
tional and statutory right to appeal from the trial court *s Order of Termina
tion of their parental rights.
Although, the below Court of Appeals wholly
failed to take judicial notice of the exact discovery date in the petitioner's
case, and thus, totally ignored any issue regarding petitioner's claim of such
discovery date.
This Supreme Court has described extrinsic fraud
as occurring when a party
"has been misled by his adversary by fraud or deception, did not know of the
suit, or was betrayed by his attorney."Alexander v. Hagedorn, 148 Tex. 565,
226 S.W.2d 996 at 1001 (1950). As in the present case of petitioner's, her
attorney misled her and her husband to believe that they could not appeal from
the trial court's order of termination. However, without her or her husband's
acknowledge ...
their retairied trial attorney files a late notice of appeal
and motion for new trial, but did not perfect the appeal to the Texas Twelfth
Court of Appeals because of him failure to file a docketing statement and pay
the filing fee, i.e., despite said retained attorney could have filed for
indigency under the Texas Family Code and Texas Rules of Appellate Procedure.
The below Court of Appeals has appeared to depart from the accepted and
unusual course of judicial proceedings,
and so as Petitioner calls for an
exercise of the Supreme Court of Texas power supervision, therefore, this
honorable Supreme Court should determine whether Petitioner's petition for bill
of review was timely filed from the actual date of discovery.
PRAYER
WHEREFORE,
Petitioner prays that this Supreme Court of Texas grant this
Petition for Review,
that this case be set for submission to this honorable
Supreme Court, that, after submission, this Supreme Court reverse the decision