Global Engineering & Construction, Inc. v. Manuel Casas--Appeal from 210th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

GLOBAL ENGINEERING & CONSTRUCTION, INC.,

Appellant,

v.

MANUEL CASAS,

Appellee.

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No. 08-02-00407-CV

Appeal from the

210th District Court

of El Paso County, Texas

(TC# 2002-1567)

O P I N I O N

Global Engineering & Construction, Inc., appellant, and Manuel Casas, appellee, have filed a joint motion asking the Court to dismiss this appeal from a default judgment in the lower court, and to set aside that default judgment and remand this case for trial. We grant the parties= motion.

This Court has authority to dismiss the appeal on a joint motion by the parties pursuant to Texas Rules of Appellate Procedure 42.1(a)(1), which states as follows:

(a) The appellate court may dispose of an appeal as follows:

(1) in accordance with an agreement signed by all parties or their attorneys and filed with the clerk;

. . .

Tex. R. App. P. 42.1(a)(1). The parties have complied with the requirements of Rule 42.1(a)(1).

The specific actions requested of this Court by the parties are granted to this Court under Texas Rules of Appellate Procedure 43.2, which allows us to:

(d) reverse the trial court=s judgment and remand the case for further proceedings;

(e) vacate the trial court=s judgment and dismiss the case; or

(f) dismiss the appeal.

Tex. R. App. P. 43.2(d)-(f). The Court has considered this cause on the joint motion and concludes the motion should be granted. The action of this Court is in line with Young Materials Corp. v. Smith, 4 S.W.3d 84, 84-85 (Tex. App.--Waco 1999, no pet.). We therefore vacate the default judgment in the trial court below and dismiss this appeal. The cause is remanded to the trial court for trial. Each party is assessed the costs it has incurred in the pursuit of this appeal.

SUSAN LARSEN, Justice

November 7, 2002

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

(Do Not Publish)