Pope v. Perrault, No. 01-21-00648-CV, 2023 WL 4003516 (Tex.App.-Houston [1st Dist.] June 15, 2023, no pet.)
Jun 15, 2023OUTCOME: Trial Court Judgment Reversed and Remanded for Further Proceedings
This is my first appeal on my first petition for bill of review. My first appellate success story. This case involved a collateral attack on a final SAPCR order of which my client was never served wi ... th process or notice of the proceedings. Certain details are undisclosed only because the proceedings in the trial court have not concluded, but the Court of Appeals had reversed the trial court's previous dismissal of the bill of review petition in its entirety based on findings outside the permissible scope of "Baker v. Goldsmith" regarding prima facie show of meritorious defenses to qualify for a trial setting on a bill of review. The Court of Appeals further recognized that the meritorious defenses exist as a matter of law based on the opposing petitioner's pleadings and the facts alleged in her pleadings weighed against the grandmother's jurisdictional facts to establish general standing as a nonparent to file a SAPCR suit against the biological parents. However, there was extrinsic evidence to support the position that the entry of the subsequent final order procured by fraud or other dishonest means, sufficient to overturn and vacate that final order by bill of review. Prior to the filing of the appeal however, the trial court denied and dismissed the bill of review proceedings based on factual findings outside the permissible scope of presenting meritorious defenses in a "Baker Hearing."