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MEMORANDUM OPINION
No. 04-10-00183-CV
Henry L. Hank DESHAZER,
Appellant
v.
Connie CORTEZ,
Appellee
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 2009-CI-11280
Honorable Michael P. Peden, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: September 15, 2010
DISMISSED
This is a restricted appeal from the trial court’s September 9, 2009, default judgment in favor of Connie Cortez. Appellant Henry L. DeShazer has filed a verified motion to dismiss the appeal with each party bearing its own costs. DeShazer asserts the trial court has granted his bill of review and signed an order withdrawing and vacating the September 9, 2009 judgment. Appellant’s counsel has certified that she has conferred with opposing counsel who does not oppose the motion.
Accordingly, we grant the motion. See Tex. R. App. P. 42.1(a)(1). All costs of appeal are taxed against the party who incurred them. See Tex. R. App. P. 42.1(d). We further order the Bexar County District Clerk to release to Henry L. DeShazer the cash deposit in lieu of supersedeas bond he filed on March 16, 2010.
PER CURIAM
Document Info
Docket Number: 04-10-00183-CV
Filed Date: 9/15/2010
Precedential Status: Precedential
Modified Date: 10/16/2015