Perry Kessler Construction, Inc. v. Deborah Bauer

Opinion

MEMORANDUM OPINION No. 04-03-00468-CV PERRY KESSLER CONSTRUCTION, INC., Appellant v. Deborah BAUER, Appellee From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2002-CI-10167 Honorable Martha Tanner, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: May 19, 2004

REVERSED and REMANDED

The parties have filed a joint motion stating that appellee no longer wishes to contest the appeal. They request that the trial court's default judgment against appellant be reversed, and that the cause be remanded for further proceedings. The motion is granted. The default judgment of the trial court signed on December 16, 2002, is reversed, and the cause is remanded to the trial court for further proceedings. See Tex. R. App. P. 42.1(a)(2)(B). Costs of appeal are taxed against the parties who have incurred them.