TEXAS GEN. INDEM. CO. v. McKAY

No. 6149.

595 S.W.2d 884 (1980)

TEXAS GENERAL INDEMNITY COMPANY, Appellant, v. Joyce J. McKAY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied March 27, 1980.


Attorney(s) appearing for the Case

Michael Phillips, Nancy W. Myers, Boswell, O'Toole, Davis & Pickering, Houston, for appellant.

Tom L. Ragland, Clark, Gorin, McDonald, Ragland & Mangrum, Waco, for appellee.


OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Indemnity Company from refusal of the trial court to grant it a new trial, after rendering a default judgment against it for total permanent disability in a workers' compensation case.

Plaintiff McKay sued defendant to set aside an award of the Industrial Accident Board. Defendant filed an answer, but did not appear on the date the case was set for trial. Plaintiff proceeded to trial...

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