In re S.G.H. — Vacated a custody-modification order entered after the trial court’s plenary power expired

Case
In the Interest of S.G.H. and W.C.H., Children
Court
Texas Thirteenth Court of Appeals
Judge
Justice Peña; Justice West; Justice Fonseca
Date Decided
August 20, 2026
Docket No.
13-24-00515-CV
Topics
Family Law; Bill of Review; Plenary Power; Appellate Jurisdiction
Source
Read the full opinion

Background

Mother petitioned to modify the parent-child relationship established by a final divorce decree, and Father filed a counterpetition. After four years of inactivity, the trial court dismissed the suit for want of prosecution on November 6, 2019.

Father later brought a bill-of-review proceeding under a separate cause number. The trial court granted relief and vacated the dismissal. It then entered an August 15, 2024 order modifying the parent-child relationship in the original cause rather than conducting the merits proceeding in the bill-of-review cause. Mother appealed, arguing that the bill of review had been granted erroneously.

The Court’s Holding

The Thirteenth Court of Appeals held that the August 15, 2024 modification order was void because the trial court entered it in the original cause after its plenary power in that cause had expired. Although a successful bill of review set aside the earlier dismissal and permitted the controversy to be retried, the merits proceeding had to occur in the separate bill-of-review cause. Granting the bill of review did not restore plenary power in the original action.

Because appellate courts cannot reach the merits of an appeal from a void order, the court did not decide Mother’s challenge to the grant of the bill of review. It vacated the August 15, 2024 order, dismissed the appeal for want of jurisdiction, and dismissed all pending motions as moot.

Key Takeaways

  • After a bill of review sets aside a judgment, the underlying controversy must be tried in the bill-of-review proceeding.
  • Granting a bill of review does not revive the trial court’s plenary power in the original cause.
  • An appellate court presented with a void order must vacate that order and dismiss the appeal rather than address the merits.

Why It Matters

The decision underscores that obtaining bill-of-review relief does not permit parties or trial courts simply to resume proceedings under the original cause number. Even when a court has continuing, exclusive jurisdiction over family-law matters, it cannot reinstate or adjudicate a dismissed case after its plenary power has expired.

For practitioners, using the correct proceeding after a bill of review is jurisdictionally consequential: an otherwise substantive modification order may be void if entered in the original action.

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