Jernigan v. Dallas

Full title: JERNIGAN REALTY PARTNERS, L.P., Appellant v. CITY OF DALLAS, Appellee

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Sep 18, 2009

No. 05-09-00389-CV (Tex. App. Sep. 18, 2009)

Opinion

No. 05-09-00389-CV

Opinion Filed September 18, 2009.

On Appeal from the 14th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 08-01970.

Before Chief Justice THOMAS and Justices O'NEILL and FILLMORE.

MEMORANDUM OPINION

PER CURIAM.

The Court has before it the parties' agreed motion to reverse and remand the default judgment and to issue a mandate. The motion states that the parties agree to reverse default judgment in favor of appellee against appellant and to remand those claims to the trial court for new trial. In a footnote the parties state that a co-defendant of appellant did not appeal the trial court's judgment against him.

We grant the motion as follows:

We reverse the trial court's October 10, 2008 default judgment in favor of the City of Dallas on its claims against Jernigan Realty Partners, L.P. We remand those claims to the trial court for

further proceedings. See Tex. R. App. P. 42.1(a)(2). We affirm the trial court's judgment in all other respects.¹

1 Adonis Cook, who was a defendant below, did not appeal the trial court's judgment against him.