BEVERLY ENTERPRISES-TEXAS, INC. D/B/A COLONIAL MANOR v. MIRANDA MARTINEZ--Appeal from 139th District Court of Hidalgo County

NUMBER 13-01-294-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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BEVERLY ENTERPRISES-TEXAS, INC. D/B/A COLONIAL MANOR, INC. , Appellant,

v.

MIRANDA MARTINEZ , Appellee.

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On appeal from the 139th District Court

of Hidalgo County, Texas.

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O P I N I O N

Before Chief Justice Valdez and Justices Hinojosa and Ya ez

Opinion Per Curiam

Appellant, BEVERLY ENTERPRISES-TEXAS, INC. D/B/A COLONIAL MANOR, INC. , perfected an appeal from a judgment entered by the 139th District Court of Hidalgo County, Texas, in cause number C-1690-00-C . After the appeal was abated for purposes of settlement, the parties filed an agreed motion to reverse and remand. Pursuant to an agreement of the parties, appellant and appellee jointly request that this Court reverse the default judgment entered against appellant and remand this cause to the trial court for a trial on the merits.

The Court, having examined and fully considered the documents on file and the parties' agreed motion, is of the opinion that the motion should be granted. The agreed motion is granted, and the judgment of the trial court is hereby REVERSED and the cause is REMANDED to the trial court in accordance with the parties' settlement agreement.

PER CURIAM

Opinion ordered not published.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 15th day of November, 2001 .