Holly Ridge Healthcare, P.A. v. United Biologics, LLC d/b/a United Allergy Services Appeal from County Court at Law No. 5 of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-15-00563-CV HOLLY RIDGE HEALTHCARE, P.A., Appellant v. UNITED BIOLOGICS, LLC d/b/a United Allergy Services, Appellee From the County Court at Law No. 5, Bexar County, Texas Trial Court No. 2014CV02437 Honorable Jason W. Wolff, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice Delivered and Filed: December 23, 2015 REVERSED AND REMANDED In this appeal of a default judgment, the parties filed a joint motion to reverse the trial court’s judgment and remand the cause to the trial court for further proceedings. The parties jointly assert that service was fatally defective; we agree. See TEX. R. CIV. P. 108; Primate Const., Inc. v. Silver, 884 S.W.2d 151, 152 (Tex. 1994); Indus. Models, Inc. v. SNF, Inc., No. 02-13-00281CV, 2014 WL 3696104, at *4 (Tex. App.—Fort Worth July 24, 2014, no pet.) (mem. op.). 04-15-00563-CV The parties’ joint motion is granted; the trial court’s judgment is reversed and this cause is remanded to the trial court for further proceedings. See TEX. R. APP. P. 42.1(a)(2), 43.2(d); Caballero v. Heart of Texas Pizza, L.L.C., 70 S.W.3d 180, 181 (Tex. 2001) (per curiam). PER CURIAM -2-
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