Henry L. "Hank" Deshazer v. Connie Cortez

Opinion

MEMORANDUM OPINION No. 04-10-00183-CV

Henry L. Hank DESHAZER, Appellant

v.

Connie CORTEZ, Appellee

From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2009-CI-11280 Honorable Michael P. Peden, Judge Presiding

Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: September 15, 2010

DISMISSED

This is a restricted appeal from the trial court’s September 9, 2009, default judgment in

favor of Connie Cortez. Appellant Henry L. DeShazer has filed a verified motion to dismiss the

appeal with each party bearing its own costs. DeShazer asserts the trial court has granted his bill

of review and signed an order withdrawing and vacating the September 9, 2009 judgment.

Appellant’s counsel has certified that she has conferred with opposing counsel who does not

oppose the motion. 04-10-00183-CV

Accordingly, we grant the motion. See TEX. R. APP. P. 42.1(a)(1). All costs of appeal are

taxed against the party who incurred them. See TEX. R. APP. P. 42.1(d). We further order the

Bexar County District Clerk to release to Henry L. DeShazer the cash deposit in lieu of

supersedeas bond he filed on March 16, 2010.

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