Michael Caress v. Falcon International Bank--Appeal from 406th Judicial District Court of Webb County

MEMORANDUM OPINION
No. 04-07-00290-CV
Michael CARESS,
Appellant
v.
FALCON INTERNATIONAL BANK,
Appellee
From the 406th Judicial District Court, Webb County, Texas
Trial Court No. 2006-CVQ-001706-D4
Honorable Oscar Hale, Jr., Judge Presiding

PER CURIAM

 

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

 

Delivered and Filed: October 24, 2007

 

SET ASIDE AND REMANDED

Appellant Michael Caress has filed an unopposed motion to set aside the judgment and remand the cause to the trial court, explaining that the parties have entered into a Rule 11 agreement. We grant the motion, set aside the trial court's default judgment without regard to the merits, and remand the cause to the trial court. See Tex. R. App. P. 42.1(a)(2). Costs of appeal are taxed against Caress. See id. 42.1(d).

PER CURIAM