Preview
Electronically Submitted
10/25/2019 2:46 PM
Hidalgo County Clerk
Accepted by: Oscar Gonzalez
CAUSE NO. CL- 1 7-524 1 -B
STEPHANIE CARRILLO, § IN THE COUNTY COURT
INDIVIDUALLY AND AS NEXT §
FRIEND OF KXXXX AXXX, §
MINOR CHILD §
§ AT LAW NO. 2
VS. §
§
JESSICA LONGORIA, §
ELIOBARDO RAMOS, §
and ENF LOGISTICS, LLC § HIDALGO COUNTY, TEXAS
AGREED FINAL JUDGMENT
BE IT REMEMBERED that on this day, came 0n to be heard the above entitled and
numbered cause, wherein STEPHANIE CARRILLO, as Next Friend 0f KXXXX AXXX,
Minor Child (“Plaintiff”), a minor, appeared by and through her attorneys, Mario DaVila and/or
Martin L. Perez, and With court appointed guardian ad litem, Marco Cepeda, and JESSICA
LONGORIA, ELIOBARDO RAMOS, and ENF LOGISTICS, LLC (“Defendants”),
appeared by and through their attorneys, James H. Hunter, Jr. and/or Liliana Elizondo and/or an
attorney from the law firm 0f Royston, Rayzor, Vickery & Williams, LLP. Whereupon, these
parties announced to the Court that a settlement had been reached by the parties named, subject
to the approval 0f the Court, whereby Defendants shall cause to be paid to Plaintiff, the sums set
forth below in settlement 0f all matters and things involved in this cause, and for all damages
suffered by the minor, KXXXX AXXX, as a result of the incident made the basis 0f this lawsuit
and mentioned in Plaintiffs’ pleadings on file herein.
In Plaintiffs’ settlement With Defendants, the Court was 0f the opinion that there may be a
conflict of interest between Stephanie Carrillo, acting for her minor child, KXXXX AXXX.
Therefore, the Court previously appointed Marco Cepeda, a practicing attorney in Hidalgo
62071.10421879 1
Electronically Submitted
10/25/2019 2:46 PM
Hidalgo County Clerk
Accepted by: Oscar Gonzalez
County, Texas, as guardian ad [item to represent the interests 0f the minor, KXXXX AXXX, in
this settlement, and t0 make a recommendation to the Court regarding the settlement.
The agreement, having been made known t0 the Court and after having reviewed the
pleadings of the cause, the Court thereupon called for evidence, and after hearing evidence
touching upon the agreement 0f compromise and settlement and after hearing evidence with
reference t0 the damages allegedly sustained by the minor, KXXXX AXXX, and after hearing all
evidence pertaining to the matter involved herein, the Court heard the agreement of compromise
and settlement and herein now enters judgment.
The Court finds, after considering the evidence and the recommendation 0f the guardian
ad litem, that the Release, Settlement & Indemnity Agreement entered in this case is a good faith
settlement 0f disputed claims under Texas law, Which is fair and adequately and appropriately
protects the interests 0f KXXXX AXXX, a minor, and it is in the minor’s best interests for the
Court t0 approve the Release, Settlement & Indemnity Agreement and the terms herein.
Therefore, in accordance With the agreement 0f compromise and settlement, the evidence and the
recommendation of the guardian ad litem, it is hereby ORDERED, ADJUDGED and
DECREED by the Court as follows:
1. That Plaintiff STEPHANIE CARRILLO, as Next Friend of KXXXX AXXX, a
minor, have and recover from Defendants the gross sum 0f Twenty Five
Thousand Dollars ($25,000.00).
2. Out of the gross sum 0f $25,000.00, the attorney 0f Plaintiff STEPHANIE
CARRILLO, as Next Friend 0f KXXXX AXXX, shall deduct all sums for
attorney’s fees, case expenses and court costs, and all medical expenses and use
said funds t0 pay, satisfy and discharge all liens and claims t0 the settlement
funds, leaving a net balance of $12,615.34, being the net settlement proceeds.
3. The net settlement proceeds of KXXXX AXXX’s settlement, being $12,615.34,
shall be tendered to the Registry 0f the Court, care of the Hidalgo County Clerk,
and held in the highest interest bearing account according t0 the Hidalgo County
Clerk’s policies, and the County Clerk is hereby ordered that all monies
(principal and accrued interest) are t0 be released t0 KXXXX AXXX (date 0f
birth May 14, 2004; SSN xxx-XX-2213) when s/he reaches age 18 unless ordered
sooner by the Court.
62071.10421879
2
Electronically Submitted
10/25/2019 2:46 PM
Hidalgo County Clerk
Accepted by: Oscar Gonzalez
4. The Guardian Ad Litem, Marco Cepeda, is awarded the sum of $3,395.00 in fees
for ad [item services. DEFENDANTS’ insurer shall pay the fee for the ad litem
services, as costs 0f court, subject t0 Defendants’ rights under TRCP 173 if an
agreement is not reached by the time this Judgment is entered.
ORDERED, ADJUDGED and DECREED, that upon the above events taking place,
that the judgment has been fully and finally paid, satisfied and discharged in full, and the
Defendants JESSICA LONGORIA, ELIOBARDO RAMOS, and ENF LOGISTICS, LLC
be and are hereby forever relieved and discharged 0f and from any and all liability, claims,
demands and causes 0f action, of whatever nature asserted 0r which might have been asserted
herein, known 0r unknown, accrued 0r t0 accrue, arising from 0r in any manner growing out 0f
the incident made the basis of this suit 0n 0r about December 31, 2016, in Edinburg, Hidalgo
County, Texas, as described in Plaintiffs’ pleadings on file herein, and n0 execution shall ever
issue hereon, except for Court costs, as hereinafter provided. It is further
ORDERED that costs 0f court be borne by the party incurring the same, except for the
guardian ad litem ’s
reasonable and necessary fees and expenses, Which shall be taxed against
Defendants JESSICA LONGORIA, ELIOBARDO RAMOS, and ENF LOGISTICS, LLC,
subject t0 Defendants’ rights under TRCP 173.7. Finally, it is ORDERED that this is a Final
Judgment that disposes 0f all claims as t0 Defendants JESSICA LONGORIA, ELIOBARDO
RAMOS, and ENF LOGISTICS, LLC, and Plaintiffs’ cause ishereby dismissed in its entirety
with prejudice.
SIGNED on the day 0f 2019.
JUDGE PRESIDING
APPROVED AND ENTRY REQUESTED:
LAW OFFICES 0F MARIO DAVILA, PLLC
By: Mario Davila
Mario Davila
62071.10421879
3
Electronically Submitted
10/25/2019 2:46 PM
Hidalgo County Clerk
Accepted by: Oscar Gonzalez
State Bar N0. 24045750
Martin L. Perez
State Bar No. 24041675
mario@mariodavilalaw.com
mruiz.mdlaw@gmai1.com
mlperezattornev@ gmail.com
MDLawLitigation@gmail.com
P.O. Box 3726
McAllen, Texas 78502
Telephone: (956) 682-3535
Facsimile: (956) 682—3550
ATTORNEYS FOR PLAINTIFF STEPHANIE
CARRILLO, INDIVIDUALLY AND AS NEXT
FRIEND OF KXXXX AXXX, MINOR CHILD
ROYSTON, RAYZOR, VICKERY & WILLIAMS, LLP
By: /s/Liliana Elizondo
James H. Hunter, Jr.
State Bar No. 007843 11
iim.hunter@rovstonlaw.com
Liliana Elizondo
State Bar No. 24078470
55 Cove Circle
Brownsville, Texas 78521
Telephone: (956) 542-4377
Facsimile: (956) 542-4370
liliana.elizondo@rovstonlaw.com
ATTORNEYS FOR DEFENDANTS JESSICA
LONGORIA, ELIOBARDO RAMOS, and ENF
LOGISTICS, LLC
LAW OFFICES 0F MARCO A. CEPEDA
By: /S/ Marco A. Cepeda
Marco A. Cepeda
State Bar N0. 24096797
marcocepedalaw@gmail.com
608 N. 10th
McAllen, Texas 78501
Telephone: (956) 329-0621
GUARDIAN AD LITEM FOR PLAINTIFF
KXXXX AXXX, a Minor
62071.10421879
4
Preview
Electronically Submitted 10/25/2019 2:46 PM Hidalgo County Clerk Accepted by: Oscar Gonzalez CAUSE NO. CL- 1 7-524 1 -B STEPHANIE CARRILLO, § IN THE COUNTY COURT INDIVIDUALLY AND AS NEXT § FRIEND OF KXXXX AXXX, § MINOR CHILD § § AT LAW NO. 2 VS. § § JESSICA LONGORIA, § ELIOBARDO RAMOS, § and ENF LOGISTICS, LLC § HIDALGO COUNTY, TEXAS AGREED FINAL JUDGMENT BE IT REMEMBERED that on this day, came 0n to be heard the above entitled and numbered cause, wherein STEPHANIE CARRILLO, as Next Friend 0f KXXXX AXXX, Minor Child (“Plaintiff”), a minor, appeared by and through her attorneys, Mario DaVila and/or Martin L. Perez, and With court appointed guardian ad litem, Marco Cepeda, and JESSICA LONGORIA, ELIOBARDO RAMOS, and ENF LOGISTICS, LLC (“Defendants”), appeared by and through their attorneys, James H. Hunter, Jr. and/or Liliana Elizondo and/or an attorney from the law firm 0f Royston, Rayzor, Vickery & Williams, LLP. Whereupon, these parties announced to the Court that a settlement had been reached by the parties named, subject to the approval 0f the Court, whereby Defendants shall cause to be paid to Plaintiff, the sums set forth below in settlement 0f all matters and things involved in this cause, and for all damages suffered by the minor, KXXXX AXXX, as a result of the incident made the basis 0f this lawsuit and mentioned in Plaintiffs’ pleadings on file herein. In Plaintiffs’ settlement With Defendants, the Court was 0f the opinion that there may be a conflict of interest between Stephanie Carrillo, acting for her minor child, KXXXX AXXX. Therefore, the Court previously appointed Marco Cepeda, a practicing attorney in Hidalgo 62071.10421879 1 Electronically Submitted 10/25/2019 2:46 PM Hidalgo County Clerk Accepted by: Oscar Gonzalez County, Texas, as guardian ad [item to represent the interests 0f the minor, KXXXX AXXX, in this settlement, and t0 make a recommendation to the Court regarding the settlement. The agreement, having been made known t0 the Court and after having reviewed the pleadings of the cause, the Court thereupon called for evidence, and after hearing evidence touching upon the agreement 0f compromise and settlement and after hearing evidence with reference t0 the damages allegedly sustained by the minor, KXXXX AXXX, and after hearing all evidence pertaining to the matter involved herein, the Court heard the agreement of compromise and settlement and herein now enters judgment. The Court finds, after considering the evidence and the recommendation 0f the guardian ad litem, that the Release, Settlement & Indemnity Agreement entered in this case is a good faith settlement 0f disputed claims under Texas law, Which is fair and adequately and appropriately protects the interests 0f KXXXX AXXX, a minor, and it is in the minor’s best interests for the Court t0 approve the Release, Settlement & Indemnity Agreement and the terms herein. Therefore, in accordance With the agreement 0f compromise and settlement, the evidence and the recommendation of the guardian ad litem, it is hereby ORDERED, ADJUDGED and DECREED by the Court as follows: 1. That Plaintiff STEPHANIE CARRILLO, as Next Friend of KXXXX AXXX, a minor, have and recover from Defendants the gross sum 0f Twenty Five Thousand Dollars ($25,000.00). 2. Out of the gross sum 0f $25,000.00, the attorney 0f Plaintiff STEPHANIE CARRILLO, as Next Friend 0f KXXXX AXXX, shall deduct all sums for attorney’s fees, case expenses and court costs, and all medical expenses and use said funds t0 pay, satisfy and discharge all liens and claims t0 the settlement funds, leaving a net balance of $12,615.34, being the net settlement proceeds. 3. The net settlement proceeds of KXXXX AXXX’s settlement, being $12,615.34, shall be tendered to the Registry 0f the Court, care of the Hidalgo County Clerk, and held in the highest interest bearing account according t0 the Hidalgo County Clerk’s policies, and the County Clerk is hereby ordered that all monies (principal and accrued interest) are t0 be released t0 KXXXX AXXX (date 0f birth May 14, 2004; SSN xxx-XX-2213) when s/he reaches age 18 unless ordered sooner by the Court. 62071.10421879 2 Electronically Submitted 10/25/2019 2:46 PM Hidalgo County Clerk Accepted by: Oscar Gonzalez 4. The Guardian Ad Litem, Marco Cepeda, is awarded the sum of $3,395.00 in fees for ad [item services. DEFENDANTS’ insurer shall pay the fee for the ad litem services, as costs 0f court, subject t0 Defendants’ rights under TRCP 173 if an agreement is not reached by the time this Judgment is entered. ORDERED, ADJUDGED and DECREED, that upon the above events taking place, that the judgment has been fully and finally paid, satisfied and discharged in full, and the Defendants JESSICA LONGORIA, ELIOBARDO RAMOS, and ENF LOGISTICS, LLC be and are hereby forever relieved and discharged 0f and from any and all liability, claims, demands and causes 0f action, of whatever nature asserted 0r which might have been asserted herein, known 0r unknown, accrued 0r t0 accrue, arising from 0r in any manner growing out 0f the incident made the basis of this suit 0n 0r about December 31, 2016, in Edinburg, Hidalgo County, Texas, as described in Plaintiffs’ pleadings on file herein, and n0 execution shall ever issue hereon, except for Court costs, as hereinafter provided. It is further ORDERED that costs 0f court be borne by the party incurring the same, except for the guardian ad litem ’s reasonable and necessary fees and expenses, Which shall be taxed against Defendants JESSICA LONGORIA, ELIOBARDO RAMOS, and ENF LOGISTICS, LLC, subject t0 Defendants’ rights under TRCP 173.7. Finally, it is ORDERED that this is a Final Judgment that disposes 0f all claims as t0 Defendants JESSICA LONGORIA, ELIOBARDO RAMOS, and ENF LOGISTICS, LLC, and Plaintiffs’ cause ishereby dismissed in its entirety with prejudice. SIGNED on the day 0f 2019. JUDGE PRESIDING APPROVED AND ENTRY REQUESTED: LAW OFFICES 0F MARIO DAVILA, PLLC By: Mario Davila Mario Davila 62071.10421879 3 Electronically Submitted 10/25/2019 2:46 PM Hidalgo County Clerk Accepted by: Oscar Gonzalez State Bar N0. 24045750 Martin L. Perez State Bar No. 24041675 mario@mariodavilalaw.com mruiz.mdlaw@gmai1.com mlperezattornev@ gmail.com MDLawLitigation@gmail.com P.O. Box 3726 McAllen, Texas 78502 Telephone: (956) 682-3535 Facsimile: (956) 682—3550 ATTORNEYS FOR PLAINTIFF STEPHANIE CARRILLO, INDIVIDUALLY AND AS NEXT FRIEND OF KXXXX AXXX, MINOR CHILD ROYSTON, RAYZOR, VICKERY & WILLIAMS, LLP By: /s/Liliana Elizondo James H. Hunter, Jr. State Bar No. 007843 11 iim.hunter@rovstonlaw.com Liliana Elizondo State Bar No. 24078470 55 Cove Circle Brownsville, Texas 78521 Telephone: (956) 542-4377 Facsimile: (956) 542-4370 liliana.elizondo@rovstonlaw.com ATTORNEYS FOR DEFENDANTS JESSICA LONGORIA, ELIOBARDO RAMOS, and ENF LOGISTICS, LLC LAW OFFICES 0F MARCO A. CEPEDA By: /S/ Marco A. Cepeda Marco A. Cepeda State Bar N0. 24096797 marcocepedalaw@gmail.com 608 N. 10th McAllen, Texas 78501 Telephone: (956) 329-0621 GUARDIAN AD LITEM FOR PLAINTIFF KXXXX AXXX, a Minor 62071.10421879 4