                                     In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-13-00066-CV
                           ____________________

                    TRISHA WAKAT SHAFER, Appellant

                                        V.

                     JACK NEWTON SHAFER, Appellee
_______________________________________________________           ______________

                   On Appeal from the 418th District Court
                        Montgomery County, Texas
                      Trial Cause No. 12-07-07703 CV
________________________________________________________           _____________

                         MEMORANDUM OPINION

      The trial court signed a final order denying a bill of review on November 2,

2012. The appellant, Trisha Wakat Shafer, filed a notice of appeal on February 4,

2013. We questioned our jurisdiction, and the parties filed responses. Appellant

contends she delayed filing her notice of appeal because the appellee, Jack Newton

Shafer, had filed a motion for a protective order and neither that motion nor her

motion for a change of venue had been set for a hearing. See generally Tex. R. Civ.

P. 215.1, 257. An order denying a bill of review is a final judgment on the merits

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that decides the parties’ rights and liabilities based on the ultimate facts disclosed

by the pleadings. See HSBC Bank USA, N.A. v. Watson, 377 S.W.3d 766, 771

(Tex. App.—Dallas 2012, pet. filed). The appellate timetable commenced from the

date the trial court signed the order denying the bill of review. See Cottone v.

Cottone, 122 S.W.3d 211, 213-14 (Tex. App.—Houston [1st Dist.] 2003, no pet.).

Notice of appeal was due December 3, 2012. See Tex. R. App. P. 26.1. Appellant

failed to timely perfect her appeal. We dismiss the appeal for lack of jurisdiction.

      APPEAL DISMISSED.


                                              ________________________________
                                                      STEVE McKEITHEN
                                                         Chief Justice



Opinion Delivered April 4, 2013
Before McKeithen, C.J., Gaultney and Kreger, JJ.




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