Tesoro Petroleum v. Smith

This is an appeal from a bill of review proceeding. The trial court granted the respondent’s bill of review setting aside a summary judgment in favor of the petitioner and ordered a trial on the merits.

The court of appeals erred in reviewing this case because it lacked jurisdiction. An appeal may be prosecuted only from a final judgment which disposes of all issues and parties in the case. North East Ind. School Dist. v. Aldridge, 400 S.W.2d 893 (Tex.1966). A bill of review which sets aside a prior judgment but does not dispose of all the issues of the case on the merits is interlocutory in…