Burton v. Home Indemnity Co.

OPINION

WARD, Justice.

This is an appeal by Petition for Writ of Error. Warren Burton sued in the District Court of Ector County to set aside a Compromise Settlement Agreement entered in his Workmen’s Compensation claim, and the carrier was granted a final judgment on its Motion for Summary Judgment. The carrier presents a motion to dismiss this appeal based on the prohibition contained in Art. 2249a, Tex.Rev.Civ.Stat.Ann., which forbids appeal by writ of error to one who participates in the hearing in open court in the trial that leads to the final judgment. The motion to dismiss is granted…