VILLAGE SQUARE, LTD. v. BARTON

No. 04-81-00374-CV.

660 S.W.2d 556 (1983)

VILLAGE SQUARE, LTD., and Mitchell Battros, Appellants, v. Jerry BARTON, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied October 5, 1983.


Attorney(s) appearing for the Case

P. Otis Hibler, San Antonio, for appellants.

A.J. Hohman, Jr., Hope, Henderson, Hohman & Georges, San Antonio, for appellee.

Before ESQUIVEL, BUTTS and TIJERINA, JJ.


OPINION

BUTTS, Justice.

Village Square, Ltd., and Mitchell Battros, defendants, appeal by writ of error for review of a default judgment in favor of Jerry Barton, plaintiff. A motion to set aside the default judgment was not timely filed. In any event the rules of civil procedure do not require such a motion as a preliminary step to perfect this kind of appeal; the action may first be initiated in the court of appeals by way of writ of error. TEX.REV.CIV...

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