Fandey v. Lee

OPINION

In a bill of review proceeding brought by Appellees for reinstatement of a case dismissed for want of prosecution, the trial court granted Appellees’ motion for summary judgment, reinstating the case. Appellants, who are defendants in the reinstated case, bring this appeal claiming in two points of error that the trial court erred in granting the summary judgment. We dismiss the appeal for want of jurisdiction.

Because jurisdiction is fundamental, an appellate court must determine, sua sponte, whether it has jurisdiction to consider an appeal. H.E. Butt Grocery Co. v. Bay, Inc., 808…