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Westdale Hills 2013, LP v. Rebecca Gonzales

Citation: Not availableDocket: 02-22-00339-CV

Court: Court of Appeals of Texas; November 16, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the Second Appellate District of Texas has granted the Joint Motion to Set Aside Default Judgment, to Dismiss Appeal, and for Release of Supersedeas Bond filed by Westdale Hills 2013, LP (Appellant) and Rebecca Gonzales (Appellee). The court has decided to set aside the trial court's judgment without addressing the merits of the case and has remanded the matter to the trial court for a judgment consistent with the parties’ agreement. Each party is responsible for its own costs of appeal. The opinion was delivered on November 17, 2022.

Legal Issues Addressed

Allocation of Costs in Appeals

Application: Each party in the appeal was held responsible for its own costs, reflecting an agreement reached between the appellant and appellee.

Reasoning: Each party is responsible for its own costs of appeal.

Dismissal of Appeal

Application: The Court dismissed the appeal as part of the joint motion agreed upon by both parties, without addressing the merits of the original trial court's decision.

Reasoning: The court has decided to set aside the trial court's judgment without addressing the merits of the case and has remanded the matter to the trial court for a judgment consistent with the parties’ agreement.

Setting Aside Default Judgment

Application: The Court of Appeals granted a motion to set aside the trial court's default judgment, remanding the case for further proceedings in accordance with the parties' agreement.

Reasoning: The Court of Appeals for the Second Appellate District of Texas has granted the Joint Motion to Set Aside Default Judgment, to Dismiss Appeal, and for Release of Supersedeas Bond filed by Westdale Hills 2013, LP (Appellant) and Rebecca Gonzales (Appellee).