in the Matter of the Marriage of D.S.R. and J.A.R. and in the Interest of J.A.R., a Child

• Court: Court of Appeals of Texas
• Decided: March 27, 2015
• Docket: 07-14-00367-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-14-00367-CV

IN THE MATTER OF THE MARRIAGE OF D.S.R. AND J.A.R., AND IN THE INTEREST OF J.M.R., A CHILD

On Appeal from the 364th District Court Lubbock County, Texas Trial Court No. 2014-511,260; Honorable Bradley S. Underwood, Presiding

March 27, 2015

MEMORANDUM OPINION Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

Appellant, D.S.R., and appellee, J.A.R., have filed with this Court a joint motion

to vacate and remand, informing the Court that the parties have agreed that the trial

court’s default judgment should be vacated and that this case should be remanded to

the trial court for further proceedings. Accordingly, we grant the joint motion, set aside

the trial court’s default judgment without regard to the merits, and remand the case to

the trial court. See TEX. R. APP. P. 42.1(a)(2)(B); DBC Pipeline Constr., Inc. v. Highland

Res., Inc., No. 03-03-00760-CV, 2004 Tex. App. LEXIS 2424, at *1 (Tex. App.—Austin

Mar. 18, 2004, no pet.) (mem. op.). Because there does not appear to have been an agreement regarding costs, all costs related to this appeal will be taxed against

appellant. See TEX. R. APP. P. 42.1(d).

As this disposition is at the joint request of the parties, no motions for rehearing

will be entertained and our mandate will issue forthwith.

Mackey K. Hancock Justice