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Lisa Murdock Smalley appeals the probate court's dismissal of her petition, which included a statutory bill of review and a writ of audita querela. Her petition sought to overturn a previous appellate court decision that affirmed the probate court's judgment, awarding certain assets to her former husband's estate. Smalley contended that a more recent U.S. Supreme Court ruling, Hillman v. Maretta, should control the distribution of her former husband's Thrift Savings Plan and savings bonds, which she had contractually waived. The appellate court upheld the dismissal, concluding that the probate court lacked subject matter jurisdiction to set aside an appellate court's judgment or mandate. The court determined that neither the Probate Code's statutory bill of review provision nor the writ of audita querela provided the probate court with the authority to revisit the appellate court's final decision.
Lisa Murdock Smalley v. Eric C. Smalley, Independent Administrator of the Estate of John Hubert Smalley, III is a workers' compensation case decided in Texas Court of Appeals, 14th District (Houston). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 14th District (Houston).
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Lisa Murdock Smalley appeals the probate court's dismissal of her petition, which included a statutory bill of review and a writ of audita querela. Her petition sought to overturn a previous appellate court decision that affirmed the probate court's judgment, awarding certain assets to her former husband's estate. Smalley contended that a more recent U.S. Supreme Court ruling, Hillman v. Maretta, should control the distribution of her former husband's Thrift Savings Plan and savings bonds, which she had contractually waived. The appellate court upheld the dismissal, concluding that the probate court lacked subject matter jurisdiction to set aside an appellate court's judgment or mandate. The court determined that neither the Probate Code's statutory bill of review provision nor the writ of audita querela provided the probate court with the authority to revisit the appellate court's final decision.
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