Kaufman & Broad of Texas, Ltd., f/k/a Rayco, Ltd., and f/k/a Ray Ellison Homes; Modco, Inc., f/k/a Ray Ellison Homes, Inc. v. Patrick Uresti, Jr. and Catherine A. Uresti--Appeal from 37th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-07-00573-CV
KAUFMAN & BROAD OF TEXAS, LTD, f/k/a Rayco, Ltd.,

and f/k/a Ray Ellison Homes; Modco, Inc., f/k/a Ray Ellison Homes, Inc.,

Appellants
v.
Patrick R. URESTI Jr., and Catherine A. Uresti,
Appellees
From the 131st Judicial District Court, Bexar County, Texas
Trial Court No. 2007-CI-00688
Honorable John D. Gabriel, Jr., Judge Presiding

PER CURIAM

 

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

 

Delivered and Filed: October 10, 2007

 

REVERSED AND REMANDED

On August 16, 2007, appellants, Kaufman & Broad of Texas, Ltd., f/k/a Rayco, Ltd., and f/k/a Ray Ellison Homes and Modco, Inc., f/k/a Ray Ellison Homes, Inc, filed a notice of restricted appeal, alleging they did not participate in the hearing that resulted in the judgment complained of and did not timely file any post-judgment motions or requests for findings of fact and conclusions of law. See Tex. R. App. P. 30. On September 26, 2007, the parties filed an Agreed Motion to Reverse and to Remand in Accordance with Agreement of the Parties, requesting that this Court reverse the trial court's Default Judgment, and remand the case for further proceedings consistent with the parties' agreement to litigate all claims and defenses asserted in the case number 2007-CI-00688 pending in the 37th Judicial District Court of Bexar County, Texas. See Tex. R. App. P. 42.1, 43.2 (d).

Accordingly, we GRANT the parties' Joint Motion to Dismiss Appeal, reverse the trial court's judgment, and remand this cause to the trial court for further proceedings consistent with the parties' agreement.

PER CURIAM