Michael David Hickey v. Cruz Salazar--Appeal from 428th District Court of Hays County (majority)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-12-00446-CV Michael David Hickey, Appellant v. Cruz Salazar, Appellee FROM THE DISTRICT COURT OF HAYS COUNTY, 428TH JUDICIAL DISTRICT NO. 11-2234, HONORABLE WILLIAM HENRY, JUDGE PRESIDING MEMORANDUM OPINION Appellant Michael David Hickey has filed an agreed motion to dismiss his appeal, requesting that this Court set aside a default judgment without regard to the merits and remand the cause to the district court for the rendition of a take-nothing judgment in accordance with the terms of the parties settlement agreement. We grant Hickey s motion, set aside the default judgment without regard to the merits and remand the cause to the district court for rendition of judgment in accordance with the parties agreement. See Tex. R. App. P. 42.1(a)(2)(B). __________________________________________ Bob Pemberton, Justice Before Justices Puryear, Pemberton and Henson Reversed and Remanded on Agreed Motion Filed: August 17, 2012

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