Village Square, Ltd. v. Barton

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.STAT.ANN. art. 2255 (Vernon 1971) and art. 2249a (Vernon Supp.1982-1983); Smith v. Smith, 544 S.W.2d 121, 123 (Tex.1976). These defendants,…