Perdue v. Patten Corp.

OPINION

BEA ANN SMITH, Justice.

The trial court granted a no-evidence summary judgment denying a bill of review, then attempted to grant a new trial vacating its summary judgment. Two issues are presented: whether a new trial was timely granted while the court still had plenary jurisdiction, and if not, whether there is any evidence to support the necessary elements of a bill of review. We hold that the new-trial order was null and void, so the summary judgment is properly before us on appeal. Because the summary-judgment evidence raises a fact issue on each element of the bill of review, we…