NUMBER 13-00-234-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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GABRIEL ANGUIANO AND GLORIA ANGUIANO, Appellants,

v.

THE STATE OF TEXAS, Appellee.

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On appeal from the 357th District Court

of Cameron County, Texas.

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O P I N I O N

Before Chief Justice Seerden and Justices Dorsey and Rodriguez

Opinion Per Curiam

Appellants, GABRIEL ANGUIANO AND GLORIA ANGUIANO, perfected an appeal from a judgment entered by the 357th District Court of Cameron County, Texas, in cause number 99-07-3025-E. After the clerk's record was filed, the parties filed a joint motion to reverse and remand. In the motion, the parties state that they agree that appellants did not have notice of the hearing on the motion for summary judgment in the trial court, nor did appellants have at least 21 days within which to respond to appellee's motion for summary judgment. The parties to this appeal have agreed that this appeal should be disposed of by reversing the trial court's summary judgment and remanding this case to the trial court for a new hearing on appellee's motion for summary judgment which shall be held with proper notice of the hearing to all parties.

The Court, having examined and fully considered the documents on file and the parties' joint motion, is of the opinion that the motion should be granted. The joint motion is granted, and the judgment of the trial court is hereby REVERSED and the cause is REMANDED to the trial court for a new hearing on the motion for summary judgment.

PER CURIAM

Opinion ordered not published.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 8^th day of June, 2000.