Court of Civil Appeals of Texas, 2010

Tuesday Morning, Inc., and Tuesday Morning Corp., D/B/A Delaware TMC Corp. v. Rosalinda Liberatore

Tuesday Morning, Inc., and Tuesday Morning Corp., D/B/A Delaware TMC Corp. v. Rosalinda Liberatore
Court of Civil Appeals of Texas · Decided August 11, 2010

Tuesday Morning, Inc., and Tuesday Morning Corp., D/B/A Delaware TMC Corp. v. Rosalinda Liberatore

Opinion

MEMORANDUM OPINION No. 04-09-00661-CV TUESDAY MORNING, INC., and Tuesday Morning Corp. d/b/a Delaware TMC Corp., Appellants v. Rosalinda LIBERATORE, Appellee From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2008-CI-21120 Honorable Larry Noll, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: August 11, 2010 REVERSED and REMANDED The parties have filed a “Joint Motion to Set Aside Judgment Pursuant to Settlement” stating they have reached a settlement, and requesting that we set aside the trial court=s default judgment without regard to the merits and remand the cause to the trial court for rendition of judgment in accordance with the parties’ settlement agreement. The motion is granted. The judgment of the trial court signed on June 23, 2009 is reversed, and the cause is remanded to the 04-09-00661-CV

trial court for further proceedings. See TEX. R. APP. P. 42.1(a)(2)(B), 43.2(d). Costs of appeal are taxed against the parties who have incurred them.

PER CURIAM

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