CourtListener 9426720•Sam Carlton v. McMurrey Federal Credit Union
Testo completo
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.
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