Atkins Construction Company, Inc. v. Mary Luttrell

• Court: Court of Appeals of Texas
• Decided: February 1, 2019
• Docket: 05-18-00484-CV
• Status: Published

Opinion

REVERSE AND REMAND and Opinion Filed February 1, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00484-CV

ATKINS CONSTRUCTION COMPANY, INC., Appellant V. MARY LUTTRELL, Appellee

On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause No. 84376

MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Molberg Opinion by Chief Justice Burns Before the Court is the parties’ joint motion requesting that we reverse the trial court’s

judgment and remand this case to the trial court for a new trial. We grant the motion, reverse the

trial court’s default judgment, and remand this case for a new trial. See TEX. R. APP. P.

42.1(a)(2)(A).

/Robert D. Burns, III ROBERT D. BURNS, III CHIEF JUSTICE

180484F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

ATKINS CONSTRUCTION On Appeal from the 354th Judicial District COMPANY, INC., Appellant Court, Hunt County, Texas Trial Court Cause No. 84376. No. 05-18-00484-CV V. Opinion delivered by Chief Justice Burns. Justices Whitehill and Molberg MARY LUTTRELL, Appellee participating.

In accordance with this Court’s opinion of this date, the default judgment of the trial court

is REVERSED and this case is REMANDED to the trial court for a new trial.

The parties shall bear their own costs of this appeal as agreed.

Judgment entered February 1, 2019

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