Cases Involving ''Bill of Review'' In Texas
The doctrine of collateral estoppel prevents a party from relitigating an issue that it previously litigated and lost. Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 521 (Tex. 1998).
Collateral estoppel generally applies when the issue was fully and fairly litigated in the previous action and was essential to the judgment in the previous action. Id.
Under some circumstances, a party may set aside a judgment that is no longer appealable or subject to a motion for new trial through the equitable procedure known as a bill of review. Transworld Fin. Servs. Corp. v. Briscoe, 722 S.W.2d 407 (Tex. 1987).
A bill of review petitioner ordinarily must plead and prove:
(1) a meritorious claim or defense;
(2) that he was prevented from making by the fraud, accident or wrongful act of his opponent;
(3) unmixed with any fault or negligence of his own. Id. at 408.