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EWTON v. GAYKEN

No. 09-03-074 CV.

130 S.W.3d 382 (2004)

Ann D. EWTON, Individually and as Independent Executrix of the Estate of Merle Clement Ewton, D.D.S., Deceased, Appellant, v. Dawn GAYKEN, D.D.S., Appellee.

Court of Appeals of Texas, Beaumont.

Decided March 4, 2004.

Attorney(s) appearing for the Case

Shawn Casey, Houston, for appellant.

Kelly L. Newman, The Woodlands, Craig Welscher, Welscher Law Firm, Houston, for appellee.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

OPINION

PER CURIAM.

The sole issue presented by the appellant, Ann Ewton, contends that the trial court erred in failing to find that she met her preliminary burden for sustaining a bill of review. Ewton had the burden of proving the three elements of a bill of review: (1) a meritorious claim, (2) which she was prevented from making by a mistake or error of the court or a court official in the discharge...

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