in Re: Charles Anthony Allen, Sr.

Order entered July 23, 2014

In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00389-CV

IN RE CHARLES ANTHONY ALLEN, Relator

Original Proceeding from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. CV99-01573-V

ORDER Before the Court is relator’s pleading, which he styles a petition for bill of review, in

which relator challenges this Court’s order dismissing his petition for writ of habeas corpus for

want of jurisdiction. A bill of review, or a petition in the nature of a bill of review, is a

proceeding in equity for the purpose of setting aside a prior judgment of the trial court. Fender

v. Moss, 629 S.W.2d 192, 194 (Tex. App.—Dallas), writ refused n.r.e., 637 S.W.2d 922 (Tex.

1982); TEX. R. CIV. P. 329b(f) (“On expiration of the time within which the trial court has

plenary power, a judgment cannot be set aside by the trial court except by bill of review for

sufficient cause, filed within the time allowed by law.”). There is no comparable procedure for

an out of time attack on the judgment of an appellate court.1 Because this court’s plenary power

over the order relator complains of has expired, TEX. R. APP. P. 19.1(a), even if relator’s bill of

1 Motions for rehearing in original proceedings must be filed within 15 days after the final order is rendered. TEX. R. APP. P. 52.9. Relator did not file a timely motion for rehearing.

review presented valid reasons for reconsidering its decision, this Court would have no power to set aside its order dismissing realtor’s petition for writ of habeas corpus for want of jurisdiction. See Cadle Co. v. Lobingier, 50 S.W.3d 662, 671 (Tex. App.—Fort Worth 2001, pet. denied). We DISMISS relator’s bill of review.

/s/ CAROLYN WRIGHT CHIEF JUSTICE