Legal Opinion
Ewton v. Gayken
Texas Court of Appeals, 9th District (Beaumont)
Decided March 4, 2004No. 09-03-074 CVPublishedCited by 6 opinions
1Opinion of the Court
OPINION
2Per curiam
The sole issue presented by the appellant, Ann Ewton, contends that the trial court erred in failing to find that she met her preliminary burden for sustaining a bill of review. Ewton had the burden of proving the three elements of a bill of review: (1) a meritorious claim, (2) which she was prevented from making by a mistake or error of the court or a court official in the discharge of official duties, (3) unmixed with any fault or negligence of her own. See Baker v. Goldsmith, 582 S.W.2d 404, 406-07 (Tex.1979). Neither she nor her attorney received actual notice of intent to dismiss…
3Cases cited4 opinions
- Baker v. GoldsmithTexas Supreme Court · 1979
- Petro-Chemical Transport, Inc. v. CarrollTexas Supreme Court · 1974
- Osterloh v. Ohio Decorative Products, Inc., Texas Court of Appeals, 1st District (Houston)1994
- Dickerson v. Sonat Exploration Co., Texas Court of Appeals, 12th District (Tyler)1998
4Cited by6 opinions
- Mathis v. LockwoodTexas Supreme Court · 2005
- Dawn Gayken, D.D.S. v. Ann D. Ewton, Individually and as Independent of the Estate of Merle Clement Ewton, D.D.S., Texas Court of Appeals, 7th District (Amarillo)2008
- Dawn Gayken, D.D.S. v. Ann D. Ewton, Individually and as Independent of the Estate of Merle Clement Ewton, D.D.S., Texas Court of Appeals, 7th District (Amarillo)2008
- Dawn Gayken, D.D.S. v. Ann D. Ewton, Individually and as Independent of the Estate of Merle Clement Ewton, D.D.S., Texas Court of Appeals, 7th District (Amarillo)2008
- Mary Mathis v. Joseph F. LockwoodTexas Supreme Court · 2005
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