Henry L. "Hank" Deshazer v. Connie Cortez--Appeal from 73rd Judicial District Court of Bexar County
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MEMORANDUM OPINION No. 04-10-00183-CV Henry L. Hank DESHAZER, Appellant v. Connie CORTEZ, Appellee From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2009-CI-11280 Honorable Michael P. Peden, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: September 15, 2010 DISMISSED This is a restricted appeal from the trial court s September 9, 2009, default judgment in favor of Connie Cortez. Appellant Henry L. DeShazer has filed a verified motion to dismiss the appeal with each party bearing its own costs. DeShazer asserts the trial court has granted his bill of review and signed an order withdrawing and vacating the September 9, 2009 judgment. Appellant s counsel has certified that she has conferred with opposing counsel who does not oppose the motion. 04-10-00183-CV Accordingly, we grant the motion. See TEX. R. APP. P. 42.1(a)(1). All costs of appeal are taxed against the party who incurred them. See TEX. R. APP. P. 42.1(d). We further order the Bexar County District Clerk to release to Henry L. DeShazer the cash deposit in lieu of supersedeas bond he filed on March 16, 2010. PER CURIAM -2-
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