BATEN ERECTION CORP. v. IRON WORKERS' PENSION

No. 17709.

608 S.W.2d 262 (1980)

BATEN ERECTION CORPORATION, Appellant, v. IRON WORKERS' PENSION TRUST FUND, Iron Workers' Welfare Trust Fund and Iron Workers' Apprentice Trust Fund, Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

October 9, 1980.


Attorney(s) appearing for the Case

Smith, Smith, Dunlap & Canterbury, James M. Stewart, Dallas, for appellant.

D. M. Freedman, Houston, for appellees.

Before WALLACE, EVANS and WARREN, JJ.


WALLACE, Justice.

This is a writ of error arising from a default judgment. The petitioner, Baten Erection Corporation, attacks the judgment on grounds of (1) lack of jurisdiction over petitioner and, (2) "no evidence" and "insufficient evidence" of the amount of damages and attorney's fees. Respondents contend that this court is without jurisdiction because the writ of error was not timely filed. We reverse and remand.

Respondents, plaintiffs below, pleaded...

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