Fourth Court of Appeals
San Antonio, Texas
July 16, 2015
No. 04-15-00012-CV
John E. RODARTE, Sr.,
Appellant
v.
Ralph LOPEZ, et al,
Appellees
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2005-CI-18884
Honorable Michael E. Mery, Judge Presiding
ORDER
John E. Rodarte Sr. filed a bill of review in the trial court, seeking to set aside a
December 2011 final judgment. The trial court summarily denied the bill of review on October
20, 2014, and Rodarte timely appealed that ruling. The record and Rodarte’s brief have been
filed.
Appellees have file a motion to dismiss the appeal on the grounds of res judicata and law
of the case. We deny the motion. Rodarte timely appealed the final judgment in a bill of review
proceeding and this court has jurisdiction over the appeal.
The appellees’ brief is past due. If appellees desire to file a brief, they must do so by
July 27, 2015.
_________________________________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 16th day of July, 2015.
___________________________________
Keith E. Hottle
Clerk of