North American Marine, Inc. v. the Charles Heard Law Firm, PC and Charles Heard

• Court: Court of Appeals of Texas
• Decided: April 9, 2015
• Docket: 09-15-00034-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00034-CV ____________________

NORTH AMERICAN MARINE, INC., Appellant

V.

THE CHARLES HEARD LAW FIRM, PC AND CHARLES HEARD, Appellees _______________________________________________________ ______________

On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 14-03-02705 CV ________________________________________________________ _____________

MEMORANDUM OPINION

Appellant, North American Marine, Inc., and appellees, The Charles Heard

Law Firm, PC and Charles Heard, filed a joint agreed motion to vacate the trial

court’s default judgment and to remand the case to the trial court for further

proceedings. The parties represent that the appellant properly and timely perfected

this restricted appeal and that reversible error is clearly present on the face of the

record. See Tex. R. App. P. 30; see also Ins. Co. of State of Pa. v. Lejeune, 297

1 S.W.3d 254, 255 (Tex. 2009). The parties jointly request that we vacate the trial

court’s default judgment, remand the cause to the trial court for further

proceedings, and order that each party bear its own costs and fees incurred as a

result of this restricted appeal. See Wilson v. Am. Builders & Contractors Supply

Co., Inc., No. 01-12-00537-CV, 2012 WL 3234059, at *1 (Tex. App.—Houston

[1st Dist.] Aug. 9, 2012, no pet.). We therefore vacate the judgment of the trial

court and remand this cause for further proceedings consistent with this opinion,

and order that each party bear its own costs and fees incurred as a result of this

restricted appeal.

VACATED AND REMANDED.

________________________________ HOLLIS HORTON Justice

Submitted on April 8, 2015 Opinion Delivered April 9, 2015

Before Kreger, Horton, and Johnson, JJ.