Narrative Opinion Summary
A joint motion to dismiss a restricted appeal regarding a default judgment was filed by 3TI, Inc., Tracy Trinidad, and Mark A. Trinidad (Appellants) against Palos Guzman Services, Inc. (Appellee). The parties acknowledged defective service of process in the underlying case and requested the dismissal of the appeal, along with a remand to the trial court for a new trial. The court granted the motion in part, vacating the trial court's judgment from May 6, 2011, without addressing the merits of the case. The matter has been remanded to the trial court for further proceedings consistent with this opinion.
Legal Issues Addressed
Defective Service of Processsubscribe to see similar legal issues
Application: The case was dismissed and remanded due to the parties' acknowledgment of defective service of process, which impacted the validity of the default judgment.
Reasoning: The parties acknowledged defective service of process in the underlying case and requested the dismissal of the appeal, along with a remand to the trial court for a new trial.
Remand for New Trialsubscribe to see similar legal issues
Application: The appellate court vacated the trial court's judgment and remanded the case for a new trial, based on the joint request of the parties due to procedural defects.
Reasoning: The court granted the motion in part, vacating the trial court's judgment from May 6, 2011, without addressing the merits of the case. The matter has been remanded to the trial court for further proceedings consistent with this opinion.