Opinion
No. C-6153.
June 17, 1987. Rehearing Denied September 23, 1987.
Appeal from District Court No. 68th, Dallas County, Gary Hall, Judge.
Joe Hill Jones and Ben C. Martin, Carter, Jones, Magee, Rudberg Mayes, Dallas, for petitioners.
Jerry R. Gibson and R. Wayne Gordon, Touchstone, Bernays, Johnston, Beall Smith, Dallas, for respondent.
The only issue before this court involves the doctrine of judicial estoppel. We cannot say the court of appeals erred in its application of this doctrine. 721 S.W.2d 928. However, we expressly note that the questions have not been presented whether the insurance carrier brought a frivolous suit nor whether the statute permits the carrier to appeal from a favorable take-nothing ruling of the Industrial Accident Board. The Washburns' application for writ of error is refused, no reversible error.