Sam Carlton v. McMurrey Federal Credit Union

NO. 12-23-00219-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

SAM CARLTON, § APPEAL FROM THE 7TH
APPELLANT

V. § JUDICIAL DISTRICT COURT

MCMURREY FEDERAL CREDIT
UNION, APPELLEE § SMITH COUNTY, TEXAS

MEMORANDUM OPINION
PER CURIAM
Appellant Sam Carlton and Appellee McMurrey Federal Credit Union filed a joint
motion to vacate default judgment, remand for further proceedings, and expedite mandate. The
parties explain their desire to “avoid the effort, expense, and delay of an appeal” and state their
agreement that the default judgment against Carlton should be vacated. We grant the motion, set
aside the trial court’s default judgment without regard to the merits, and remand the case to the
trial court for further proceedings. See TEX. R. APP. P. 42.1(a)(2)(B) (in accordance with parties’
agreement, appellate court may set aside judgment without regard to merits and remand the case
to trial court). All costs are taxed against the party incurring same. In accordance with the
parties’ agreement, we direct the Clerk of this Court to issue the mandate immediately. See TEX.
R. APP. P. 18.1(c) (mandate may be issued early if parties so agree, or for good cause on a party’s
motion.
Opinion September 13, 2023.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

SEPTEMBER 13, 2023

NO. 12-23-00219-CV

SAM CARLTON,
Appellant
V.
MCMURREY FEDERAL CREDIT UNION,
Appellee

Appeal from the 7th District Court
of Smith County, Texas (Tr.Ct.No. 22-2338-A)

THIS CAUSE came on to be heard on the joint motion of the Appellant and
Appellee to vacate the default judgment, remand for further proceedings, and expedite mandate
herein, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by
this Court that the motion be granted and the trial court’s judgment be set aside, the case be
remanded to the trial court for further proceedings, and that the decision be certified to the court
below for observance. Costs are taxed against the party incurring same. Our mandate shall issue
immediately.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.