TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00241-CV

Ethel Nelle Wagner, Appellant v. Ginger Crabtree, Appellee

FROM COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY NO. 274210, HONORABLE ORLINDA NARANJO, JUDGE PRESIDING

MEMORANDUM OPINION Appellant Ethel Nelle Wagner appeals from the trial court’s rendition of a default judgment against her. In two issues on appeal she contends that the default judgment was improperly rendered before the answer date and that insufficient evidence supports the default judgment.

Appellee Ginger Crabtree agrees in her brief that the default judgment was rendered before the answer date and should be set aside.

Accordingly, we reverse the trial court’s judgment and remand for further proceedings. Tex. R. App. P. 43.2(d).

W. Kenneth Law, Chief Justice Before Chief Justice Law, Justices Patterson and Puryear Reversed and Remanded Filed: September 23, 2004