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MEMORANDUM OPINION No. 04-10-00020-CV Janelle ADAIR and Gary Adair, Appellants v. Gabrielle NESSOUR, Appellee From the County Court at Law No. 2, Bexar County, Texas Trial Court No. 337645 Honorable H. Paul Canales, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: April 28, 2010 REVERSED AND REMANDED Appellants appeal from a default judgment. The parties have filed a joint motion asking this court to “grant appellants’ restricted appeal and to remand case to trial court.” In the motion, the parties state that no reporter’s record was made of the proceedings below and that there is no evidence to support the trial court’s judgment; therefore, the judgment should be set aside and the cause remanded to the trial court. The motion is granted. As agreed by the parties, without consideration of the merits, we reverse the trial court’s judgment dated July 30, 2009, and remand 04-10-00020-CV the cause to the trial court for further proceedings. TEX . R. APP . P. 42.1(a), 43.2(d); Caballero v. Heart of Tex. Pizza, L.L.C., 70 S.W.3d 180, 181 (Tex. App.—San Antonio 2001, no pet.). Costs of appeal are taxed against the party who incurred them.

PER CURIAM

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