Atkins Construction Company, Inc. v. Mary Luttrell ( 2019 )

REVERSE AND REMAND and Opinion Filed February 1, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00484-CV ATKINS CONSTRUCTION COMPANY, INC., Appellant V. MARY LUTTRELL, Appellee On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause No. 84376 MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Molberg Opinion by Chief Justice Burns Before the Court is the parties’ joint motion requesting that we reverse the trial court’s judgment and remand this case to the trial court for a new trial. We grant the motion, reverse the trial court’s default judgment, and remand this case for a new trial. See TEX. R. APP. P. 42.1(a)(2)(A). /Robert D. Burns, III ROBERT D. BURNS, III CHIEF JUSTICE 180484F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ATKINS CONSTRUCTION On Appeal from the 354th Judicial District COMPANY, INC., Appellant Court, Hunt County, Texas Trial Court Cause No. 84376. No. 05-18-00484-CV V. Opinion delivered by Chief Justice Burns. Justices Whitehill and Molberg MARY LUTTRELL, Appellee participating. In accordance with this Court’s opinion of this date, the default judgment of the trial court is REVERSED and this case is REMANDED to the trial court for a new trial. The parties shall bear their own costs of this appeal as agreed. Judgment entered February 1, 2019 –2–