Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00530-CV
BANK OF AMERICA, N.A.,
Appellant
v.
TFHSP, L.L.C.,
Appellee
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-01820
Honorable Solomon Casseb, III, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Delivered and Filed: December 3, 2014
VACATED AND REMANDED
The parties have filed a “Joint Agreed Motion to Vacate Final Default Judgment and
Remand to the Trial Court.” This is a restricted appeal. The parties represent that they have
reviewed the clerk’s record and are in agreement that (1) appellant filed its notice of appeal within
six months after the date the trial court signed the default judgment; (2) appellant was a party to
the underlying lawsuit; (3) appellant did not participate in the hearing on Appellee’s Motion for
Default Judgment and did not timely file any post-judgment motions or requests for findings of
fact and conclusions of law; and (4) reversible error is clearly present on the face of the record.
04-14-00530-CV
See Ins. Co. of Pa. v. Lejeune, 297 S.W.3d 254, 255 (Tex. 2009). Thus, to avoid costs and for
purposes of judicial economy, the parties jointly request that we (1) sign an order vacating the trial
court’s default judgment; (2) remand this cause to the trial court for further proceedings; and (3)
order that each party bear its own costs and fees incurred as a result of this restricted appeal. See
Wilson v. Am. Builders & Contractors Supply Co., No. 01-12-00537-CV, 2012 WL 3234059, at
*1 (Tex. App.—Houston [1st Dist.] 2012, no pet.).
We grant the motion, vacate the trial court’s judgment, remand this cause to the trial court
for further proceedings consistent with this opinion, and order that each party bear its own costs
and fees incurred as a result of this restricted appeal.
PER CURIAM
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