No. 04-11-00518-CVCourt of Appeals of Texas, Fourth District, San Antonio.
Delivered and Filed: September 21, 2011.
Appealed from the 150th Judicial District Court, Bexar County, Texas, Trial Court No. 2011-CI-04166, Honorable Richard Price, Judge Presiding.
Appeal Dismissed, Case Remanded.
Sitting: REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.
The parties have filed a joint motion to dismiss this restricted appeal of a default judgment. They agree that there was defective service of process in the underlying case. They have asked this court to dismiss the appeal and remand the case to the trial court for a new trial.
The parties’ joint motion is granted in part. In accordance with their agreement, we vacate the trial court’s May 6, 2011 judgment without regard to the merits. We remand the case
to the trial court for further proceedings consistent with this opinion. See generally Caballero v. Heart of Tex. Pizza, L.L.C., 70 S.W.3d 180, 181 (Tex. App.-San Antonio 2001, no pet.).