Summary
reversing and remanding upon parties' agreed motion to reverse and remand
Summary of this case from Smith v. Law Off. of Burr.Opinion
No. 02-03-231-CV.
Delivered: October 2, 2003.
Appeal from the 90th District Court of Young County.
Attorney for Appellant: DAVIS WILERSON, P.C., and Steven C. Levatino, Austin, TX.
Attorney for Appellee: SCATES, BLACKMON SHALLENBERGER, and Kenneth Michael Scates, Dallas, TX.
PANEL D: WALKER, J.; CAYCE, C.J.; and DAY, J.
MEMORANDUM OPINION AND JUDGMENT
See Tex. R. App. P. 47.4.
Appellant Graham General Hospital and Appellee Jacqueline A. Phillips have filed an agreed motion asking this court to set aside the trial court's judgment as void and to reverse and remand this case to the trial court for entry of judgment in compliance with the law. The parties agree that the trial court's judgment is void for failure to comply with Texas Labor Code section 410.258(a). Tex. Lab. Code Ann. § 410.258(a) (Vernon 2003) (requiring proposed judgment in workers' compensation proceeding to be filed with executive director of Texas Workers Compensation Commission thirty days before judgment entered); § 410.258(f) (providing that a judgment is void if it fails to comply with section 410.258); see also Ins. Co. of Penn. v. Martinez, 18 S.W.3d 844, 847-48 (Tex.App.-El Paso 2000, no pet.). We likewise agree that the trial court's judgment is void. We set aside the trial court's judgment and dismiss this appeal. Tex.R.App.P. 43.2(e).
Costs of the appeal shall be paid by Graham General Hospital, for which let execution issue.