Holly Ridge Healthcare, P.A. and North Whiteville Urgent Care & Family Practice, P.A. v. United Biologics, LLC D/B/A United Allergy Services ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00563-CV
HOLLY RIDGE HEALTHCARE, P.A.,
Appellant
v.
UNITED BIOLOGICS, LLC d/b/a United Allergy Services,
Appellee
From the County Court at Law No. 5, Bexar County, Texas
Trial Court No. 2014CV02437
Honorable Jason W. Wolff, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Jason Pulliam, Justice
Delivered and Filed: December 23, 2015
REVERSED AND REMANDED
In this appeal of a default judgment, the parties filed a joint motion to reverse the trial
court’s judgment and remand the cause to the trial court for further proceedings. The parties jointly
assert that service was fatally defective; we agree. See TEX. R. CIV. P. 108; Primate Const., Inc.
v. Silver, 884 S.W.2d 151, 152 (Tex. 1994); Indus. Models, Inc. v. SNF, Inc., No. 02-13-00281-
CV, 2014 WL 3696104, at *4 (Tex. App.—Fort Worth July 24, 2014, no pet.) (mem. op.).
04-15-00563-CV
The parties’ joint motion is granted; the trial court’s judgment is reversed and this cause is
remanded to the trial court for further proceedings. See TEX. R. APP. P. 42.1(a)(2), 43.2(d);
Caballero v. Heart of Texas Pizza, L.L.C., 70 S.W.3d 180, 181 (Tex. 2001) (per curiam).
PER CURIAM
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