Wadkins v. Diversified Contractors, Inc.

OPINION

WARREN, Justice.

This is an appeal from a summary judgment dismissing appellants’ bill of review.

The main question for our determination is whether a litigant may willfully forfeit its right to appeal, and instead, attempt to enforce its rights by a bill of review.

Appellee originally sued appellants Wad-kins Corporation and Gary Wadkins, the corporation’s president and sole owner, for money damages arising from a breach of contract by the Wadkins Corporation and for other alleged wrongful acts by Gary Wadkins.

On December 11, 1985, the trial court granted appellee’s summary judgment…