Law Offices of Yarborough & Pope, Inc. v. National Automobile & Casualty Insurance Co.

OPINION

MASSEY, Chief Justice.

Involved is applicability, upon the dismissal of a case by the trial court, of provisions of law, as follows:

T.R.C.P. 93(n)(3) (“Certain Pleas to be Verified”) provides:

“In the trial of any case appealed to the court from the Industrial Accident Board the following, if pleaded, shall be presumed to be true as pleaded and have been done and filed in legal time and manner, unless denied by verified pleadings:

“(3) Award of the Board.” (Emphasis supplied.)

It was pursuant to hearing of what amounted to a defendant insurer’s plea to the jurisdiction of the court and…