Opinion
No. 05-10-01155-CV
Opinion Filed March 18, 2011.
On Appeal from the County Court at Law No. 5, Dallas County, Texas, Trial Court Cause No. CC-09-05297-E.
Before Justices MURPHY, FILLMORE, and MYERS.
MEMORANDUM OPINION
Before the Court is appellee's February 8, 2011 motion to announce agreement. The motion follows the filing of appellant's brief on the merits and recites that appellee agrees with appellant that the default judgment granted by the trial court was improper due to a defective return of service. Appellee asks this Court to reverse the judgment and remand this case for a new trial as requested by appellant. We grant the motion, reverse the trial court's judgment without regard to the merits, and remand this case to the trial court for further proceedings. See Tex. R. App. P. 43.2(d).