Thomas J. Daley
Thomas J. DaleyKoonsFuller, P.C. - Texas Family Law Powerhouse
Litigation StrategiesOpinion LibraryOur TeamFAQConsultation
Litigation StrategiesOpinion LibraryOur TeamFAQ
FAQ/Question

Can you appeal a bill of review order in Texas family court?

This question has been addressed in 1 Texas court opinion:

Bustamante v. Bustamante

COA01 — February 3, 2026

In Bustamante v. Bustamante, the First Court of Appeals addressed whether a trial court's order granting a bill of review—which vacated a prior 2023 judgment without resolving the underlying merits—could be immediately appealed. The court analyzed Texas jurisdictional principles, noting that appellate review is generally limited to final judgments unless a statute specifically authorizes an interlocutory appeal. Because the order only 're-opened' the litigation and did not fall under the authorized list of interlocutory appeals in the Texas Civil Practice and Remedies Code, the court held it lacked jurisdiction and dismissed the appeal.

Litigation Takeaway

“The granting of a bill of review is a non-appealable interlocutory order if the underlying merits remain unresolved. Practitioners must proceed through a second trial on the merits before they can challenge the propriety of the bill of review on appeal.”

Thomas J. Daley

Texas Family Law Litigation

Sophisticated litigation strategies for Texas families. Experience, integrity, and results when it matters most.

Targeted Resources

  • Divorcing a Narcissist
  • Dividing Retirement Assets
  • Fathers' Involvement
  • High-Asset Divorce

Contact Info

  • 1-972-769-2727
  • tdaley@txfamlaw.com
  • 5700 W. Plano Parkway Ste 2200, Plano, TX 75093
© 2026 JDBOT.US, LLC. All Rights Reserved. Attorney Advertising.
Information provided on this site is for educational purposes only and does not constitute an attorney-client relationship.
Created with by Thomas J. Daley
Attorney Login