Sailstar USA v. Samaha Ent.

Full title: SAILSTAR USA, INC., APPELLANT v. SAMAHA ENTERPRISES, INC. D/B/A CRYSTAL…

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Nov 12, 2009

No. 02-09-269-CV (Tex. App. Nov. 12, 2009)

Opinion

No. 02-09-269-CV

Delivered: November 12, 2009.

Appealed from the 17th District Court of Tarrant County.

PANEL: MCCOY, J.; CAYCE, C.J.; and MEIER, J.

MEMORANDUM OPINION ¹ ON REHEARING AND JUDGMENT ON REHEARING

1 See Tex. R. App. P. 47.4.

PER CURIAM.

Having considered the parties' joint motion to modify or clarify our original memorandum opinion, we grant the motion, withdraw our memorandum opinion and judgment of October 8, 2009, and substitute the following.

We have considered the parties' agreed motion, in which the parties ask this court "to set aside the default judgment as to SailStar and remand to the district court . . . for further proceedings consistent with the parties' agreement." Therefore, without regard to the merits, we set aside the default judgment, dismiss the appeal, and remand the case to the trial court for further proceedings consistent with the parties' agreement. See Tex. R. App. P. 42.1(a)(2).

Costs of the appeal shall be paid by the party incurring same, for which let execution issue. See Tex. R. App. P. 42.1(d).