Gold v. Gold, 145 S.W.3d 212 (Tex. 2004). · Go Syfert
Gold v. Gold, 145 S.W.3d 212 (Tex. 2004). Cases Citing This Book View Copy Cite
217 citation events (217 in the last 25 years) across 5 distinct courts.
Strongest positive: In the Interest of S.G.F. and J.X.C., Children v. the State of Texas (texapp, 2024-09-17)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) In the Interest of S.G.F. and J.X.C., Children v. the State of Texas
Tex. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
if a motion to reinstate, motion for new trial, or direct appeal is available, it is hard to imagine any case in which failure to pursue one of them would not be negligence.
discussed Cited as authority (verbatim quote) Stephen Aaron Bergenholtz v. Josephine Donna Eskenazi
Tex. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
if a motion to reinstate, motion for new trial, or direct appeal is available, it is hard to imagine any case in which failure to pursue one of them would not be negligence.
discussed Cited as authority (verbatim quote) in the Int of DMB, Jr and ILB
Tex. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
a restricted appeal requires error that is apparent, not error that may be inferred.
discussed Cited as authority (verbatim quote) Michelle Woods v. Quorum Hotels & Resorts, Ltd. Perini-Grapevine, Inc. D/B/A Hilton DFW Lakes Executive Conference Center And Paul Joo
Tex. App. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a restricted appeal requires error that is apparent, not error that may be inferred.
discussed Cited as authority (verbatim quote) Michelle Woods v. Quorum Hotels & Resorts, Ltd. Perini-Grapevine, Inc. D/B/A Hilton DFW Lakes Executive Conference Center And Paul Joo
Tex. App. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a restricted appeal requires error that is apparent , not error that may be inferred.
discussed Cited as authority (verbatim quote) Juan Lozano v. Rosa Ann Lozano (2×) also: Cited as authority (rule)
Tex. App. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
a restricted appeal requires error that is apparent, not error that may be inferred.
discussed Cited as authority (verbatim quote) Sweetwater Austin Properties, L.L.C. Lazy Nine Municipal Utility District 1A Lazy Nine Municipal Utility District 1B Lazy Nine Municipal Utility District 1C // SOS Alliance, Inc. v. SOS Alliance, Inc.// Sweetwater Austin Properties, L.L.C. Lazy Nine Municipal Utility District 1A Lazy Nine Municipal Utility District 1B Lazy Nine Municipal Utility District 1C
Tex. App. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
if a motion to reinstate, motion for new trial, or direct appeal is available, it is hard to imagine any case in which failure to pursue one of them would not be negligence.
discussed Cited as authority (verbatim quote) Sweetwater Austin Properties, L.L.C. Lazy Nine Municipal Utility District 1A Lazy Nine Municipal Utility District 1B Lazy Nine Municipal Utility District 1C // SOS Alliance, Inc. v. SOS Alliance, Inc.// Sweetwater Austin Properties, L.L.C. Lazy Nine Municipal Utility District 1A Lazy Nine Municipal Utility District 1B Lazy Nine Municipal Utility District 1C
Tex. App. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
if a motion to reinstate, motion for new trial, or direct appeal is available, it is hard to imagine any case in which failure to pursue one of them would not be negligence.
discussed Cited as authority (verbatim quote) Kenneth Jackson v. State
Tex. App. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
if a motion to reinstate, motion for new trial, or direct appeal is available, it is hard to imagine any case in which failure to pursue one of them would not be negligence.
discussed Cited as authority (verbatim quote) Amado Aguilar, Jr. v. Texas Department of Family and Protective Services
Tex. App. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
if a motion to reinstate, motion for new trial, or direct appeal is available, it is hard to imagine any case in which failure to pursue one of them would not be negligence.
discussed Cited as authority (verbatim quote) Nicholas D. Brooks v. Office of the Attorney General of Texas and Lorraine Jenkins
Tex. App. · 2008 · signal: see also · quote attribution · 1 verbatim quote · confidence high
if a motion to reinstate, motion for new trial, or direct appeal is available, it is hard to imagine any case in which failure to pursue one of them would not be negligence.
discussed Cited as authority (rule) Jose A. Castilla v. W&C Investments, LLC
txctapp3 · 2026 · confidence medium
Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004), overruled in part on other grounds by Ex parte E.H., 602 S.W.3d at 496. 3 We review the trial court’s grant of a default judgment for an abuse of discretion.
discussed Cited as authority (rule) In Re Cortney Austin v. the State of Texas
Tex. App. · 2025 · confidence medium
The Supreme Court of Texas has emphasized that “it is hard to imagine any case in which failure to pursue [an available motion for new trial or motion to reinstate] would not be negligence.” Gold v. Gold, 145 S.W.3d 212, 214 (Tex. 2004) (per curiam).
cited Cited as authority (rule) Greenworld Construction Materials & Services USA, LLC v. C&T Partnership
Tex. App. · 2023 · confidence medium
Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004), overruled in part, Ex parte E.H. 602 S.W.3d at 496.
discussed Cited as authority (rule) Meat Supply, LLC v. 510 Good Latimer, LLC (2×) also: Cited "see"
Tex. App. · 2022 · confidence medium
Id. at 214 (internal citations omitted, emphasis added).
cited Cited as authority (rule) Ex Parte D.T.
Tex. App. · 2021 · confidence medium
In other words, “a restricted appeal requires error that is apparent, not error that may be inferred.” Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004) (emphasis in original).
discussed Cited as authority (rule) in the Interest of S.W., a Child
Tex. App. · 2021 · confidence medium
“If a motion to reinstate, motion for new trial, or direct appeal is available, it is hard to imagine any case in which failure to pursue one of them would not be negligence.” Gold v. Gold, 145 S.W.3d 212, 214 (Tex. 2004), abrogated in part on other grounds by Ex parte E.H., 602 S.W.3d 486 (Tex. 2020).
discussed Cited as authority (rule) Bradley B. Miller v. Virginia Talley Dunn
Tex. App. · 2021 · confidence medium
Instead, the order dismissing Miller’s case reflects the trial court dismissed the Petition because Miller “is not entitled to a bill of review[.]” Nothing in the trial court’s order suggests the trial court dismissed the Petition because Miller failed to prosecute the lawsuit.11 8 See Mansfield State Bank v. Cohn, 573 S.W.2d 181, 184-85 (Tex. 1978) (“There cannot be two sets of procedural rules, one for litigants with counsel and the other for litigants representing themselves.”). 9 Wembley, 11 S.W.3d at 927 . 10 Gold v. Gold, 145 S.W.3d 212, 214 (Tex. 2004). 11 See Tex. R.
discussed Cited as authority (rule) EX PARTE E.H. v. the State of Texas
Tex. · 2020 · confidence medium
We have suggested in some cases that all four requirements are jurisdictional, broadly stating that a restricted appeal is “available” only if all four are met, Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004) (per curiam), and that all four are “necessary for review by writ of error,” Quaestor, 997 S.W.2d at 227 ; see also Stubbs v. Stubbs, 685 S.W.2d 643, 644 (Tex. 1985); Brown, 627 S.W.2d at 392 .
cited Cited as authority (rule) Ralph David Johnson v. Greunepointe 1 Kerens, LLC
Tex. App. · 2020 · confidence medium
Gold v. Gold, 145 S.W.3d 212, 214 (Tex. 2004) (per curiam).
cited Cited as authority (rule) Chester T. Carthel D/B/A Carthel Engineering Solutions v. Robert Neidert and Linda Neidert
Tex. App. · 2020 · confidence medium
Furthermore, “a restricted appeal requires error that is apparent, not error that may be inferred.” Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004) (per curiam) (emphasis in original).
discussed Cited as authority (rule) Jason Elliott Opp and Jennifer Jean Opp v. Rainbow International, LLC
Tex. App. · 2019 · confidence medium
Only the fourth element is at issue in this case. “[A] restricted appeal requires error that is apparent, not error that may be inferred.” Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004) (emphasis in original).
cited Cited as authority (rule) Dolores Quiroga and La Palanca, LLC D/B/A Dickey's Barbeque Pit v. El Pistolon II, LTD
Tex. App. · 2019 · confidence medium
Gold v. Gold, 145 S.W.3d 212, 214 (Tex. 2004) (per curiam).
cited Cited as authority (rule) Ex Parte Tammy Butler
Tex. App. · 2019 · confidence medium
Corp. v. Moffitt, 815 S.W.2d 551, 551 (Tex. 1991)). “[A] restricted appeal requires error that is apparent, not error that may be inferred.” Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004).
cited Cited as authority (rule) Ex Parte E.M.P.
Tex. App. · 2019 · confidence medium
Consequently, “a restricted appeal requires error that is apparent, not error that may be inferred.” Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004) (per curiam) (emphasis in original).
cited Cited as authority (rule) in Re ENVO Specialties LLC, Steve Nguyen, and Eileen Nguyen
Tex. App. · 2019 · confidence medium
Gold v. Gold, 145 S.W.3d 212, 214 (Tex. 2004). 14 Investments had thirty days from the judgment to move for new trial or to file a direct appeal.
discussed Cited as authority (rule) in the Matter of the Marriage of Eva Lou Holland Joyner and Thomas Stephens Joyner
Tex. App. · 2018 · confidence medium
Quaestro Invs., Inc. v. State of Chiapas, 997 S.W.2d 226, 227 (Tex. 1999) (per curium). “[A] restricted appeal requires error that is apparent, not error that may be inferred.” Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004) (per curiam).
discussed Cited as authority (rule) Lutea, L.L.C. and Pharia, L.L.C. v. W.S. Draper AKA Warner Draper
Tex. App. · 2018 · confidence medium
Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004) (holding that a restricted appeal is not a prerequisite to a bill of review); Pope v. Pope, No. 12-09-00188- CV, 2011 WL 1259532 , at *3 (Tex. App.—Tyler Mar. 31, 2011, no pet.) (mem. op.) (holding that the “adequate legal remedies” pretermitting a bill of review do not include a restricted appeal). 9 Lutea/Pharia to receive service of process.
discussed Cited as authority (rule) in the Interest of L.R.M., a Child
Tex. App. · 2018 · confidence medium
As the Texas Supreme Court stated, “a restricted appeal requires error that is apparent, not error that may be inferred.” Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004) (per curiam) (emphasis in original); see Alexander, 134 S.W.3d at 849–50.
cited Cited as authority (rule) James Allen Pelloat v. Katherine McKay Bolenbaucher
Tex. App. · 2018 · confidence medium
Gold v. Gold, 145 S.W.3d 212, 214 (Tex. 2004).
discussed Cited as authority (rule) Rhojo Enterprises, LLC D/B/A Orion Recovery v. Andrew James Stevens
Tex. App. · 2018 · confidence medium
App. P. 26.1(c), 30; Alexander v. Lynda’s Boutique, 134 S.W.3d 845, 848 (Tex. 2004); Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004); Quaestor Invs., Inc. v. State of Chiapas, 997 S.W.2d 226, 227 (Tex. 1999); Gen.
discussed Cited as authority (rule) in the Interest of R.S.T., a Child (2×)
Tex. App. · 2016 · confidence medium
However, “a restricted appeal requires error that is apparent, not error that may be inferred.” Gold v. Gold, 145 S.W.3d 212, 213 (Tex.2004) (per cu-riam) (emphases in orig.).
cited Cited as authority (rule) In re the Expunction of M.T.
Tex. App. · 2016 · confidence medium
Gold v. Gold, 145 S.W.3d 212, 213 (Tex.2004).
cited Cited as authority (rule) In the Interest of D.M.B.
Tex. App. · 2015 · confidence medium
Gold v. Gold, 145 S.W.3d 212, 213 (Tex.2004) (“[A] restricted appeal requires error that is apparent, not error that may be inferred ”).
discussed Cited as authority (rule) Elishah Sawyers, Pax Crate & Freight, Inc. and Robin Sawyers v. Marc Carter and Sally Carter (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
P. 30; Gold notation comports with the requirements we have v. Gold, 145 S.W.3d 212, 213 (Tex. 2004); Alexander v. articulated for a restricted appeal.
discussed Cited as authority (rule) Sharon Lee Hanson v. Guy Robb Cowen (2×)
Tex. App. · 2015 · confidence medium
INDEX OF AUTHORITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii STATEMENT OF THE CASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v ISSUES PRESENTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . v OBJECTION TO ORAL ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi STATEMENT OF FACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . vi - 9 SUMMARY OF THE ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARGUMENT AND AUTHORITIES . . …
discussed Cited as authority (rule) William Cullen Champion v. Marilyn Estlow
Tex. App. · 2015 · confidence medium
Gold v. Gold, 145 S.W.3d 212, 213 (Tex.2004) (per curiam) (referring to absence of affirmative proof that party failed to receive notice of intent to dismiss for want of prosecution); accord Alexander, 134 S.W.3d at 849-50 ("[M]ere silence as to whether notice was sent does not establish that notice was not sent or that it was sent to the wrong address” and “is insufficient to establish reversible error in a restricted appeal proceeding.”). 5 .
discussed Cited as authority (rule) John Bryan Langdon v. Leslie Mathison Gilbert
Tex. App. · 2014 · confidence medium
The cases Gilbert cites as requiring a bill-of-review plaintiff to have pursued other post-judgment 4 relief, including a motion for new trial if possible, see, e.g., Gold v. Gold, 145 S.W.3d 212, 214 (Tex. 2004), do not involve improper service and are therefore distinguishable.
examined Cited as authority (rule) Linus F. Dias v. Ritika Dias (4×) also: Cited "see"
Tex. App. · 2014 · confidence medium
Gold v. Gold, 145 S.W.3d 212, 214 (Tex. 2004).
cited Cited as authority (rule) Office of Attorney General v. Kimberly Ann Parks-Cornelius
Tex. App. · 2014 · confidence medium
Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004) (per curiam).
cited Cited as authority (rule) John L. Dole, III & Celia E. Dole v. Lsref2 Apex 2, Llc
Tex. App. · 2014 · confidence medium
Gold v. Gold, 145 S.W.3d 212, 213 (Tex.2004) (stating restricted appeal requires error that is apparent rather than error that can be inferred).
cited Cited as authority (rule) Xiaodong Li v. DDX Group Investment, LLC D/B/A Dong Ting Chinese Restaurant
Tex. App. · 2013 · confidence medium
We hold it does not.” Gold v. Gold, 145 S.W.3d 212, 214 (Tex.2004).
cited Cited as authority (rule) in the Interest of M.C.B.
Tex. App. · 2013 · confidence medium
Id. at 574 (citing Gold v. Gold, 145 S.W.3d 212, 214 (Tex.2004)).
cited Cited as authority (rule) Linda Hayes Schoendienst v. Robert L. Haug, Vince Wood and Highland Ventures, I, Ltd.
Tex. App. · 2013 · confidence medium
Gold v. Gold, 145 S.W.3d 212, 213 (Tex.2004) (per curiam).
cited Cited as authority (rule) Carol J. Calderoni v. Moses Vasquez
Tex. App. · 2012 · confidence medium
Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2005) (per curiam).
cited Cited as authority (rule) Carol J. Calderoni v. Moses Vasquez
Tex. App. · 2012 · confidence medium
Gold v. Gold , 145 S.W.3d 212, 213 (Tex. 2005) (per curiam).
discussed Cited as authority (rule) Mabon Ltd. v. Afri-Carib Enterprises, Inc.
Tex. · 2012 · confidence medium
But cf. Campus Invs., Inc. v. Cullever, 144 S.W.3d 464, 466 (Tex.2004) (per curiam) (affirming the trial court’s denial of a bill of review where the petitioner never received service that was properly sent by the Texas Secretary of State because the petitioner was negligent in failing to update the addresses for its registered agent and registered office); Gold v. Gold, 145 S.W.3d 212, 214 (Tex.2004) (per curiam) (noting that a bill-of-review plaintiffs failure to seek reinstatement, new trial, or a direct appeal, if available, would normally constitute negligence).
cited Cited as authority (rule) Lj v. Dfps
Tex. App. · 2011 · confidence medium
P. 26.1(c), 30; Gold v. Gold, 145 S.W.3d 212, 213 (Tex.2004).
cited Cited as authority (rule) L.J. v. Department of Family and Protective Services
Tex. App. · 2011 · confidence medium
App. P. 26.1(c), 30; Gold v. Gold, 145 S.W.3d 212, 213 (Tex.2004).
examined Cited as authority (rule) Eric Salas v. Chris Christensen Systems, Inc. (5×) also: Cited "see"
Tex. App. · 2011 · confidence medium
The crux of this appeal centers on whether the complained-of errors on appeal are apparent from the face of the record. “[A] restricted appeal requires error that is apparent, not error that may be inferred.” Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004) (emphasis in original).
Karen Ann GOLD, Petitioner,
v.
Richard Stephen GOLD, Jr., and Richard Stephen Gold, Sr., Respondents
03-0906.
Texas Supreme Court.
Sep 3, 2004.
145 S.W.3d 212
2004 Tex. LEXIS 786
2004 WL 1982506
Kent F. Brooks, Alan Wittenberg, Dallas, for petitioner., Alan M. Glassman, Howard C. Rubin, Kessler Collins P.C., Dallas, for respondent.
Per Curiam.
Cited by 142 opinions  |  Published
PER CURIAM.

The trial court dismissed Karen Gold’s bill of review because she did not file a restricted appeal first, and the court of appeals affirmed. 111 S.W.3d 799. Because we hold that a restricted appeal is not a prerequisite to a bill of review, we reverse the judgment of the court of appeals and remand to the trial court for further proceedings.

In February 2000, Karen Gold filed a Petition for Enforcement against her former husband Richard Gold, Jr., and his father Richard Gold, Sr., alleging the former had fraudulently transferred community assets to the latter in violation of the couple’s settlement agreement incident to divorce. She sought an accounting, a constructive trust, and damages.

On August 10, 2000, the case was dismissed for want of prosecution. The record contains copies of two undated postcards, one addressed to each defendant’s attorney, advising them of the court’s intent to dismiss the case and setting a hearing date and time. There is no similar postcard addressed to Karen’s attorney, and it is undisputed that her attorney did not learn of the hearing or dismissal until months later.

Karen’s attorney filed a notice of vacation in the case on November 16, 2000, and a notice of an address and phone change on January 19, 2001. Neither the court nor opposing counsel ever said anything to Karen’s attorney about the dismissal. Karen finally learned of the dismissal in January 2001 from an attorney working for Richard Sr. in Illinois.

Karen filed a bill of review on February 8, 2001. The trial court dismissed her bill after an evidentiary hearing, concluding that she was precluded from filing a bill of review because she did not pursue a restricted appeal. The court of appeals affirmed. Id.

We disagree, for both specific and general reasons. Specifically, a restricted appeal was available to Karen only if she (1) filed within six months of judgment, (2) was a party to the underlying suit, (3) did not participate in the dismissal hearing, and (4) showed error apparent on the face of the record. TEX. R. APP. P. 30; Alexander v. Lynda’s Boutique, 134 S.W.3d 845, 848 (Tex.2004). As she filed her bill of review two days short of six months, she could have met the first three requirements.

But not the fourth. We recently reaffirmed that the absence in the record of any proof that notice of intent to dismiss was sent to a party is “just that — an absence of proof of error.” Id. at 849. Accordingly, it is not error apparent on the face of the record, and could not support a restricted appeal. Id. at 849-50.

Richard Jr. and Richard Sr. argue that the postcards addressed to them create a reasonable inference that Karen did not get notice. But a restricted appeal requires error that is apparent, not error that may be inferred. We hold the courts below erred in finding Karen could have pursued a restricted appeal in this case.

More generally, we have never held that failing to file a restricted appeal bars a bill of review. For many years, we have recognized only three prerequisites for such bills: (1) a meritorious defense, (2) that was not made due to fraud, accident, or wrongful act by an opponent or official[*214] mistake by a clerk, and (3) unmixed with any fault or negligence of the party filing the bill. Wembley Inv. Co. v. Herrera, 11 S.W.3d 924, 927 (Tex.1999) (per curiam); Caldwell v. Barnes, 975 S.W.2d 535, 537 (Tex.1998); Baker v. Goldsmith, 582 S.W.2d 404, 406-07 (Tex.1979). Failure to file a restricted appeal could only be relevant to the last, and then only if it constituted fault or negligence.

We hold it does not. If a motion to reinstate, motion for new trial, or direct appeal is available, it is hard to imagine any case in which failure to pursue one of them would not be negligence. But the same cannot be said about choosing to appeal by bill of review rather than a restricted appeal, for several reasons.

First, a bill of review allows trial courts to rectify their own errors, eliminating the need for lengthy appellate review. Second, all facts may be considered, not just those appearing on the face of the record. Compare Caldwell, 975 S.W.2d at 537 (bill of review considering process server’s post-judgment affidavit), with Stankiewicz v. Oca, 991 S.W.2d 308, 312 (Tex.App.-Fort Worth 1999, no writ) (restricted appeal refusing to consider post-judgment proof that service address was incorrect). Third, discovery is available to find out what all the facts are. See, e.g., Hesser v. Hesser, 842 S.W.2d 759, 765 (Tex.App.-Houston [1st Dist.] 1992, writ denied) (considering defendant’s deposition admission that she ignored legal notices sent to her). Finally, it avoids the need to follow both avenues of appeal seriatim. See Gen. Elec. Co. v. Falcon Ridge Apartments, 811 S.W.2d 942, 944 n. 2 (Tex.1991) (reversing restricted appeal as failure to give notice of intent to dismiss was not apparent on face of record, but noting that defendant could raise same complaint by filing bill of review).

It is true we have sometimes stated that relief by bill of review is available “only if a party has exercised due diligence in pursuing all adequate legal remedies ... [and not] [i]f legal remedies were available but ignored.” Wembley, 11 S.W.3d at 927; Caldwell, 975 S.W.2d at 537-38; see also Rizk v. Mayad, 603 S.W.2d 773, 775 (Tex.1980); French v. Brown, 424 S.W.2d 893, 895 (Tex.1967). But a party is not “ignoring” its remedies when it chooses one appellate avenue rather than another. We have never included a restricted appeal among the “adequate legal remedies” a bill of review claimant must pursue; we have only applied this rule to motions that could have been filed in the trial court’s first proceeding. Rizk, 603 S.W.2d at 775 (holding bill of review unavailable as claimant filed timely motion to reinstate and pursued appeal on his alleged failure to receive notice of intent to dismiss); French, 424 S.W.2d at 894-95 (holding bill of review unavailable to claimant who timely filed motion for new trial but never appealed when it was denied by operation of law).

In addition to her failure to file a restricted appeal, the trial court found two other reasons for dismissing Karen’s bill of review. First, the court found that dismissal of the underlying case resulted at least in part from her own negligence. While the parties disputed whether she might have prosecuted her .case more diligently, in any event she was entitled to notice and an opportunity to be heard before it was dismissed. Villarreal v. San Antonio Truck & Equipment, 994 S.W.2d 628, 630 (Tex.1999). As it is undisputed she got neither, the dismissal was erroneous.

Finally, the trial court found that Karen failed to exercise diligence in discovering the case had been dismissed, based on an objection she received from[*215] Richard Sr. In his original answer filed four months before the dismissal, Richard Sr. pleaded that the court had no subject matter jurisdiction over the action asserted against him because he was not a party to the divorce decree for which enforcement was sought. On August 18, 2000, Karen’s attorney sent interrogatories that attempted to skirt the issue on the basis that they were “in aid of judgment.” See TEX.R. CIV. P. 621a. Richard Sr. moved to quash on September 18, 2000, objecting that there was no judgment against him, no suit pending against him, that he was not a proper party, and that the interrogatories were irrelevant, overbroad, and burdensome. The response mentioned nothing about dismissal of the entire case.

Without the benefit of hindsight, these objections only repeated Richard Sr.’s objections to the court’s jurisdiction. Karen had no duty to find out more about the status of the case until she had some reason to suspect it had been dismissed. See Wembley, 11 S.W.3d at 927 (holding failure to obtain ruling on motion for new trial was not lack of due diligence when attorney had no reason to know default had become final).

Accordingly, without hearing oral argument, we grant the petition for review, reverse the court of appeals’ judgment and remand the case to the trial court for proceedings consistent with this opinion. TEX. R. APP. P. 59.1.