Opinion
No. 05-07-01778-CV
Opinion Filed May 28, 2008.
On Appeal from the 301st Judicial District Court Dallas County, Texas, Trial Court Cause No. DF-07-02399.
Before Justices MOSELEY, FRANCIS and LANG.
MEMORANDUM OPINION
The Court has before it appellant the Office of the Attorney General of Texas's and appellee Sammie Lee Mattox's April 11, 2008 joint motion for reversal and remand to the trial court for further proceedings.
By letter dated May 8, 2008, we directed the parties to file within ten days a motion for reversal and remand including Stephanie Lynn Pegues as joining in the motion. The Court also has before it appellant's May 15, 2008 response and motion to clarify the letter of May 8, 2008.
Appellant has clarified that the docketing statement in this appeal mistakenly listed Stephanie Lynn Pegues as an appellee. Ms. Pegues is not properly characterized as an appellee, because she is not a party adverse to an appellant. See Tex. R. App. P. 3.1(c); Curtis v. Curtis, 11 S.W.3d 466, 467 n. 1 (Tex.App.-Tyler 2000, no pet.).
We GRANT the joint motion. We REVERSE the trial court's judgment and REMAND to the trial court for further proceedings.