Brandt v. Village Homes, Inc.

OPINION

BREWSTER, Justice.

Mr. and Mrs. Marvin E. Brandt, defendants in the court below, have filed a petition for writ of error in this Court seeking to reverse a final judgment of the trial court which was adverse to them.

The plaintiffs in the trial court have filed herein a motion to dismiss such petition for writ of error contending that under the facts of this case the Brandts are precluded as a matter of law from getting a writ of error review by this Court because they actively participated in the actual trial of the case in the trial court.

Article 2249a, Vernon’s Ann.Civ.St., provides:…