Petition for Review - Filed - Supreme Court of Texas

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, i , .,4. (N..« L- i"» &. t)$£e In The Court ofAppeals Sixth Appellate District Of Texas at Texarkana No. 06-10-00077-CV IN THE INTEREST OF S.P., J.P., AND A.P., CHILDREN On Appeal from the 145th Judicial District Court Nacogdoches County, Texas Trial Court No. C20,871-2004 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION Chanda Pipes has filed an appeal from the denial ofher bill ofreview.1 The underlying case involves the termination of her parental rightsto three children, by order of March 10,2006. She states that her husband, Jimmy Pipes, is now incarcerated and had informed her that he had discovered whilein the legal libraryat the prison, that she couldhave appealedfromthe orderof termination. She maintains an unawareness that she could do so before, stating that her former attorneyhad abandoned her by not seekingto file a noticeofappeal, and that she was wrongfully advised she could not appeal the order oftermination. A bill ofreview is an equitable proceeding to set aside a final judgment that is no longer appealable or subjectto a motion for newtrial or appeal. TransworldFin. Servs. Corp. v. Briscoe, 722 S.W.2d 407 (Tex. 1987). To be entitled to relief, a plaintiff in a bill of review action is ordinarily required to provethree elements: (1) a meritorious claimor defense; (2) whichhe was prevented from asserting by the fraud, accident, or mistake of the opposite party or a mistake by court personnel inthe execution ofofficial duties; (3)unmixed with anyfaultor negligence of his own. Id. at 408; W, Columbia Nat'IBank v. Griffith, 902 S.W.2d201 (Tex. App.—Houston list Dist.] 1995, writ denied). 'Originally appealed to the Twelfth Court of Appeals, this case was transferred to this Court bythe Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV'T CODE ANN. §73.001 (Vernon 2005). We are unaware of any conflict between precedent of the Twelfth Court of Appeals and that of this Court on any relevant issue. See TEX. R. APP. P. 41.3. 2We note that the record includes a copy of an opinion on her appeal from the termination that was issued on September 6,2006. An appeal was thus brought, but the nonindigent Pipes did not pay the fee for filing the appeal with the Tyler Court ofAppeals despite multiple warnings and opportunities to do so, and the Tyler court ultimately dismissed herappeal. Thus, herclaim is without validity onitsface. 2
Page 1 and 2: FILED 3QV. -•wssr 14 NO- 11-0015
Page 3 and 4: TABLE OF CONTENTS Page Identities o
Page 5 and 6: No. 11-0015 IN THE SUPREME COURT OF
Page 7 and 8: Constitution, as this is an appeal
Page 9 and 10: have the opportunity to correct any
Page 11 and 12: of the Court of Appeals and the Ord
Page 13 and 14: A P P E N D I X "A*
Page 15 and 16: A P PE N DI X "B*
Page 17 and 18: 1 Inn » 11 NACOGDOCHES COUNTY " CA
Page 19: APPENDIX "C°
Page 23: J. < , '. Lif" pleading and proving

Petition for Review - Filed - Supreme Court of Texas

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