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Bank of Am., N.A. v. TFHSP, L.L.C.

Fourth Court of Appeals San Antonio, Texas
Dec 3, 2014
No. 04-14-00530-CV (Tex. App. Dec. 3, 2014)

Opinion

No. 04-14-00530-CV

12-03-2014

BANK OF AMERICA, N.A., Appellant v. TFHSP, L.L.C., Appellee


MEMORANDUM OPINION

From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-01820
Honorable Solomon Casseb, III, Judge Presiding
PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice VACATED AND REMANDED

The parties have filed a "Joint Agreed Motion to Vacate Final Default Judgment and Remand to the Trial Court." This is a restricted appeal. The parties represent that they have reviewed the clerk's record and are in agreement that (1) appellant filed its notice of appeal within six months after the date the trial court signed the default judgment; (2) appellant was a party to the underlying lawsuit; (3) appellant did not participate in the hearing on Appellee's Motion for Default Judgment and did not timely file any post-judgment motions or requests for findings of fact and conclusions of law; and (4) reversible error is clearly present on the face of the record. See Ins. Co. of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009). Thus, to avoid costs and for purposes of judicial economy, the parties jointly request that we (1) sign an order vacating the trial court's default judgment; (2) remand this cause to the trial court for further proceedings; and (3) 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., No. 01-12-00537-CV, 2012 WL 3234059, at *1 (Tex. App.—Houston [1st Dist.] 2012, no pet.).

We grant the motion, vacate the trial court's judgment, remand this cause to the trial court 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.

PER CURIAM


Summaries of

Bank of Am., N.A. v. TFHSP, L.L.C.

Fourth Court of Appeals San Antonio, Texas
Dec 3, 2014
No. 04-14-00530-CV (Tex. App. Dec. 3, 2014)
Case details for

Bank of Am., N.A. v. TFHSP, L.L.C.

Case Details

Full title:BANK OF AMERICA, N.A., Appellant v. TFHSP, L.L.C., Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Dec 3, 2014

Citations

No. 04-14-00530-CV (Tex. App. Dec. 3, 2014)