On Motion for Rehearing
Appellee contends in his motion for rehearing that “Since there is no statement of facts in this record, this Court must presume such facts as are necessary to support the judgment to have been found by the trial court.” “In the absence of a statement of facts, appellate review is limited to errors apparent on the face of the pleadings, the verdict, the findings, if any, the judgment, and the bills of exception.” 3 Tex. Jur.2d, paragraph 449, page 697. In First Texas Prudential Insurance Company v. Cevallos et al., Tex.Civ.App., 38 S.W.2d 875, (no writ history) the court was considering a case without a statement of facts. The judgment appeared in the record. The court considered the statements made in the judgment and concluded that the court erred in allowing attorney’s fees. Our Supreme Court in Burnaman v. Heaton, 150 Tex. 333, 240 S.W.2d 288, said: “A valid consent judgment cannot be rendered by a court when consent of one of the parties thereto is wanting. It is not sufficient to support the judgment that a party’s consent thereto may at one time have been given; consent must exist at the very moment the court undertakes to make the agreement the judgment of the court.” No statement of facts has been filed. The judgment appears in the transcript which has been filed. It is apparent on the face of the judgment that appellant did not consent thereto at the time the court undertook to make the alleged agreement the judgment of the court.
Appellee’s motion for rehearing is overruled.