Sunbelt Tectonics, Inc. v. Ramirez

OPINION

BUTTS, Justice.

Defendant Sunbelt Tectonics, Inc. (Sunbelt) appeals from a default judgment by way of writ of error. TEX.R.APP.P. 45.

A party petitioning by writ of error for review of a judgment must satisfy three requirements: (1) the petition must be filed within six months after final judgment is signed; (2) the invalidity of the judgment must be apparent from the face of the record; and (3) the party must not have participated in the actual trial of the case. Rule 45, supra; McEwen v. Harrison, 162 Tex. 125, 345 S.W.2d 706, 710-11 (1961). In this case the first requirement was met.

We…