Preview
Electronically Filed
10/4/2016 2:39:22 PM
Hidalgo County District Clerks
Reviewed By: Timothy Ramirez
CAUSE NO. C-4155-16-J
JESUS GABRIEL PECINA and RUTH § IN THE DISTRICT COURT
CASTRO-PECINA, as Next Friends of §
JOSUE PECINA, a minor, and CLARISSA §
PECINA, a minor §
§ HIDALGO COUNTY, TEXAS
v. §
§
ERVIN DORANTES ARROYO, Y/O §
TRANSFER TANGO SA DE CV, and § 430th JUDICIAL DISTRICT
JESUS MARTINEZ-TORRES §
AGREED FINAL JUDGMENT
BE IT REMEMBERED that on the day of 2016, came
on to be heard the above entitled and numbered cause, wherein JESUS GABRIEL PECINA and
RUTH CASTRO-PECINA, as Next Friends of JOSUE PECINA and CLARISSA PECINA
(collectively “PLAINTIFFS”), both minors, appeared by and through their attorney, Agustin
Hernandez, Jr., and with their court appointed guardian ad litem, Victoria D. Muniz, and ERVIN
DORANTES ARROYO, Y/O TRANSFER TANGO SA DE CV, and JESUS MARTINEZ-
TORRES (collectively “DEFENDANTS”), appeared by and through their attorney, Liliana
Elizondo. Whereupon, these parties announced to the Court that a settlement had been reached
by the parties named, subject to the approval of the Court, whereby DEFENDANTS shall cause
to be paid to the PLAINTIFFS, the sums set forth below in settlement of all matters and things
involved in this cause, and for all damages suffered by the minors, JOSUE PECINA and
CLARISSA PECINA, as a result of the incident made the basis of this lawsuit and mentioned in
PLAINTIFFS’ pleadings on file herein.
In PLAINTIFFS’ settlement with DEFENDANTS, the Court was of the opinion that there
may be a conflict of interest between JESUS GABRIEL PECINA and RUTH CASTRO-
PECINA, acting for their minor children, JOSUE PECINA and CLARISSA PECINA.
61235:10279382 1
Electronically Filed
10/4/2016 2:39:22 PM
Hidalgo County District Clerks
Reviewed By: Timothy Ramirez
Therefore, the Court previously appointed Victoria D. Muniz, a practicing attorney in Hidalgo
County, Texas, as guardian ad litem to represent the interests of the minors, JOSUE PECINA
and CLARISSA PECINA, in this settlement, and to make a recommendation to the Court
regarding the settlement.
The agreement, having been made known to 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 of compromise and settlement and after hearing evidence with
reference to the damages allegedly sustained by the minors, JOSUE PECINA and CLARISSA
PECINA, 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 of the guardian
ad litem, that the Settlement, Release & Indemnity Agreement entered in this case is a good faith
settlement of disputed claims under Texas law, which is fair and adequately and appropriately
protects the interests of JOSUE PECINA and CLARISSA PECINA, both minors, and it is in the
minors’ best interests for the Court to approve the Settlement, Release & Indemnity Agreement
and the terms herein. Therefore, in accordance with the agreement of 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, JESUS GABRIEL PECINA and RUTH CASTRO-PECINA, as
Next Friends of JOSUE PECINA, a minor, have and recover from Defendants
ERVIN DORANTES ARROYO, Y/O TRANSFER TANGO SA DE CV, and
JESUS MARTINEZ-TORRES the gross sum of Eleven Thousand Dollars
($11,000.00).
2. That Plaintiff, JESUS GABRIEL PECINA and RUTH CASTRO-PECINA, as
Next Friends of CLARISSA PECINA, a minor, have and recover from
Defendants ERVIN DORANTES ARROYO, Y/O TRANSFER TANGO SA DE
CV, and JESUS MARTINEZ-TORRES the gross sum of Twelve Thousand
Dollars ($12,000.00).
61235:10279382 2
Electronically Filed
10/4/2016 2:39:22 PM
Hidalgo County District Clerks
Reviewed By: Timothy Ramirez
3. Out of the gross sum of $11,000, JOSUE PECINA’S attorney shall deduct all
sums for attorney’s fees, case expenses and court costs, and all medical expenses
and use said funds to pay, satisfy and discharge all liens and claims to the
settlement funds, leaving a net balance of $6,370.92, being the net settlement
proceeds.
4. Out of the gross sum of $12,000, CLARISSA PECINA’S attorney shall deduct all
sums for attorney’s fees, case expenses and court costs, and all medical expenses
and use said funds to pay, satisfy and discharge all liens and claims to the
settlement funds, leaving a net balance of $6,964.25, being the net settlement
proceeds.
5. The net settlement proceeds of JOSUE PECINA’S settlement, being
$4,629.08, shall be tendered to the Registry of the Court, care of the Hidalgo
County District Clerk, and held in an interest bearing account according to the
Hidalgo County District Clerk’s policies, to be released to JOSUE PECINA
when he reaches age 18 unless ordered sooner by the Court.
6. The net settlement proceeds of CLARISSA PECINA’S settlement, being
$5,035.75, shall be tendered to the Registry of the Court, care of the Hidalgo
County District Clerk, and held in an interest bearing account according to the
Hidalgo County District Clerk’s policies, to be released to CLARISSA PECINA
when she reaches age 18 unless ordered sooner by the Court.
7. The Guardian Ad Litem, Victoria D. Muniz, is awarded the sum of $2,000 in fees
for ad litem services. DEFENDANTS’ insurer shall pay the fee for the ad litem
services, as costs of court, subject to Defendant’s 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 ERVIN DORANTES ARROYO, Y/O TRANSFER TANGO SA DE CV, and
JESUS MARTINEZ-TORRES be and are hereby forever relieved and discharged of and from
any and all liability, claims, demands and causes of action, of whatever nature asserted or which
might have been asserted herein, known or unknown, accrued or to accrue, arising from or in any
manner growing out of the incident made the basis of this suit on or about July 10, 2015, in
Pharr, Hidalgo County, Texas, as described in Plaintiff’s pleadings on file herein, and no
execution shall ever issue hereon, except for Court costs, as hereinafter provided. It is further
61235:10279382 3
Electronically Filed
10/4/2016 2:39:22 PM
Hidalgo County District Clerks
Reviewed By: Timothy Ramirez
ORDERED that costs of court be borne by the party incurring the same, except for the
lardian ad litem's reasonable and necessary fees and expenses, which shall taxed against
efendants ERVIN DORANTES ARROYO, Y/O TRANSFER TANGO SA DE CV, and
:SUS MARTINEZ-TORRES,subject to DEFENDANTS'rights under TRCP 173.7. Finally, it
ORDERED that this is a Final Judgment that disposes of all claims as to Defendants ERVIN
ORANTES ARROYO, Y/0 TRANSFER TANGO SA DE CV, and JESUS MARTINEZ-
ORRES,and Plaintiffs cause is hereby dismissed in its entirety with prejudice.
JUDGE PRESIDING
YPROVED AND ENTRY REQUESTED:
,AW OFFICES OF • USTIN HERNANDEZ,JR.,P.C.
br:
Agustin` . 4 Jr.
State Bar No...A05 898
infoi@xgvlawnet
213 W.Expressway 83
Pharr, Texas 78577
(956)787-7877(Telephone)
(956)787-7977(Facsimile)
ATTORNEY FOR PLAINTIFF'S,JESUS
GABRIEL PECINAand RUTH CASTRO-
PECINA,as Next Friends of JOSUE
PECINA and CLARISSA PECINA
1235:10279382
Electronically Filed
10/4/2016 2:39:22 PM
Hidalgo County District Clerks
Reviewed By: Timothy Ramirez
ROYSTON,RAYZOR,VICKERY & WILLIAMS,LLP
By:
James H. Hunter, Jr.
State Bar No.00784311
iim.hunter@roystonlaw.com
Vanessa L. Pierce
State Bar No.24092549
vanessa.pierce®rovstonlaw.com
Liliana Elizondo
State Bar No.24078470
liliannelizondo@rovstonlaw.com
55 Cove Circle
Brownsville, Texas 78523-3509
Tel: (956)5424377
Fax: (956)542-4370
ATTORNEYS FOR DEFENDANTS,
ERVIN DORA.NTES ARROYO,Y/0
TRANSFER TANGO SA DE CV,and
JESUS IVIARTINEZ-TORRES
g 'Cey)r
By:
Victoria D. Muniz
State Bar No.24074772
vickie1284®shcglobal.ttet
100 E. Cano
First Floor
Edinburg, Texas 78539
(956)292-7600(Telephone)
GU 's IAN AD LITEM FOR MINOR.
PLAINTIFFS,JOSUE PEC'DIA End
CLARISSAPECINA
61235:10279382
Preview
Electronically Filed 10/4/2016 2:39:22 PM Hidalgo County District Clerks Reviewed By: Timothy Ramirez CAUSE NO. C-4155-16-J JESUS GABRIEL PECINA and RUTH § IN THE DISTRICT COURT CASTRO-PECINA, as Next Friends of § JOSUE PECINA, a minor, and CLARISSA § PECINA, a minor § § HIDALGO COUNTY, TEXAS v. § § ERVIN DORANTES ARROYO, Y/O § TRANSFER TANGO SA DE CV, and § 430th JUDICIAL DISTRICT JESUS MARTINEZ-TORRES § AGREED FINAL JUDGMENT BE IT REMEMBERED that on the day of 2016, came on to be heard the above entitled and numbered cause, wherein JESUS GABRIEL PECINA and RUTH CASTRO-PECINA, as Next Friends of JOSUE PECINA and CLARISSA PECINA (collectively “PLAINTIFFS”), both minors, appeared by and through their attorney, Agustin Hernandez, Jr., and with their court appointed guardian ad litem, Victoria D. Muniz, and ERVIN DORANTES ARROYO, Y/O TRANSFER TANGO SA DE CV, and JESUS MARTINEZ- TORRES (collectively “DEFENDANTS”), appeared by and through their attorney, Liliana Elizondo. Whereupon, these parties announced to the Court that a settlement had been reached by the parties named, subject to the approval of the Court, whereby DEFENDANTS shall cause to be paid to the PLAINTIFFS, the sums set forth below in settlement of all matters and things involved in this cause, and for all damages suffered by the minors, JOSUE PECINA and CLARISSA PECINA, as a result of the incident made the basis of this lawsuit and mentioned in PLAINTIFFS’ pleadings on file herein. In PLAINTIFFS’ settlement with DEFENDANTS, the Court was of the opinion that there may be a conflict of interest between JESUS GABRIEL PECINA and RUTH CASTRO- PECINA, acting for their minor children, JOSUE PECINA and CLARISSA PECINA. 61235:10279382 1 Electronically Filed 10/4/2016 2:39:22 PM Hidalgo County District Clerks Reviewed By: Timothy Ramirez Therefore, the Court previously appointed Victoria D. Muniz, a practicing attorney in Hidalgo County, Texas, as guardian ad litem to represent the interests of the minors, JOSUE PECINA and CLARISSA PECINA, in this settlement, and to make a recommendation to the Court regarding the settlement. The agreement, having been made known to 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 of compromise and settlement and after hearing evidence with reference to the damages allegedly sustained by the minors, JOSUE PECINA and CLARISSA PECINA, 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 of the guardian ad litem, that the Settlement, Release & Indemnity Agreement entered in this case is a good faith settlement of disputed claims under Texas law, which is fair and adequately and appropriately protects the interests of JOSUE PECINA and CLARISSA PECINA, both minors, and it is in the minors’ best interests for the Court to approve the Settlement, Release & Indemnity Agreement and the terms herein. Therefore, in accordance with the agreement of 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, JESUS GABRIEL PECINA and RUTH CASTRO-PECINA, as Next Friends of JOSUE PECINA, a minor, have and recover from Defendants ERVIN DORANTES ARROYO, Y/O TRANSFER TANGO SA DE CV, and JESUS MARTINEZ-TORRES the gross sum of Eleven Thousand Dollars ($11,000.00). 2. That Plaintiff, JESUS GABRIEL PECINA and RUTH CASTRO-PECINA, as Next Friends of CLARISSA PECINA, a minor, have and recover from Defendants ERVIN DORANTES ARROYO, Y/O TRANSFER TANGO SA DE CV, and JESUS MARTINEZ-TORRES the gross sum of Twelve Thousand Dollars ($12,000.00). 61235:10279382 2 Electronically Filed 10/4/2016 2:39:22 PM Hidalgo County District Clerks Reviewed By: Timothy Ramirez 3. Out of the gross sum of $11,000, JOSUE PECINA’S attorney shall deduct all sums for attorney’s fees, case expenses and court costs, and all medical expenses and use said funds to pay, satisfy and discharge all liens and claims to the settlement funds, leaving a net balance of $6,370.92, being the net settlement proceeds. 4. Out of the gross sum of $12,000, CLARISSA PECINA’S attorney shall deduct all sums for attorney’s fees, case expenses and court costs, and all medical expenses and use said funds to pay, satisfy and discharge all liens and claims to the settlement funds, leaving a net balance of $6,964.25, being the net settlement proceeds. 5. The net settlement proceeds of JOSUE PECINA’S settlement, being $4,629.08, shall be tendered to the Registry of the Court, care of the Hidalgo County District Clerk, and held in an interest bearing account according to the Hidalgo County District Clerk’s policies, to be released to JOSUE PECINA when he reaches age 18 unless ordered sooner by the Court. 6. The net settlement proceeds of CLARISSA PECINA’S settlement, being $5,035.75, shall be tendered to the Registry of the Court, care of the Hidalgo County District Clerk, and held in an interest bearing account according to the Hidalgo County District Clerk’s policies, to be released to CLARISSA PECINA when she reaches age 18 unless ordered sooner by the Court. 7. The Guardian Ad Litem, Victoria D. Muniz, is awarded the sum of $2,000 in fees for ad litem services. DEFENDANTS’ insurer shall pay the fee for the ad litem services, as costs of court, subject to Defendant’s 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 ERVIN DORANTES ARROYO, Y/O TRANSFER TANGO SA DE CV, and JESUS MARTINEZ-TORRES be and are hereby forever relieved and discharged of and from any and all liability, claims, demands and causes of action, of whatever nature asserted or which might have been asserted herein, known or unknown, accrued or to accrue, arising from or in any manner growing out of the incident made the basis of this suit on or about July 10, 2015, in Pharr, Hidalgo County, Texas, as described in Plaintiff’s pleadings on file herein, and no execution shall ever issue hereon, except for Court costs, as hereinafter provided. It is further 61235:10279382 3 Electronically Filed 10/4/2016 2:39:22 PM Hidalgo County District Clerks Reviewed By: Timothy Ramirez ORDERED that costs of court be borne by the party incurring the same, except for the lardian ad litem's reasonable and necessary fees and expenses, which shall taxed against efendants ERVIN DORANTES ARROYO, Y/O TRANSFER TANGO SA DE CV, and :SUS MARTINEZ-TORRES,subject to DEFENDANTS'rights under TRCP 173.7. Finally, it ORDERED that this is a Final Judgment that disposes of all claims as to Defendants ERVIN ORANTES ARROYO, Y/0 TRANSFER TANGO SA DE CV, and JESUS MARTINEZ- ORRES,and Plaintiffs cause is hereby dismissed in its entirety with prejudice. JUDGE PRESIDING YPROVED AND ENTRY REQUESTED: ,AW OFFICES OF • USTIN HERNANDEZ,JR.,P.C. br: Agustin` . 4 Jr. State Bar No...A05 898 infoi@xgvlawnet 213 W.Expressway 83 Pharr, Texas 78577 (956)787-7877(Telephone) (956)787-7977(Facsimile) ATTORNEY FOR PLAINTIFF'S,JESUS GABRIEL PECINAand RUTH CASTRO- PECINA,as Next Friends of JOSUE PECINA and CLARISSA PECINA 1235:10279382 Electronically Filed 10/4/2016 2:39:22 PM Hidalgo County District Clerks Reviewed By: Timothy Ramirez ROYSTON,RAYZOR,VICKERY & WILLIAMS,LLP By: James H. Hunter, Jr. State Bar No.00784311 iim.hunter@roystonlaw.com Vanessa L. Pierce State Bar No.24092549 vanessa.pierce®rovstonlaw.com Liliana Elizondo State Bar No.24078470 liliannelizondo@rovstonlaw.com 55 Cove Circle Brownsville, Texas 78523-3509 Tel: (956)5424377 Fax: (956)542-4370 ATTORNEYS FOR DEFENDANTS, ERVIN DORA.NTES ARROYO,Y/0 TRANSFER TANGO SA DE CV,and JESUS IVIARTINEZ-TORRES g 'Cey)r By: Victoria D. Muniz State Bar No.24074772 vickie1284®shcglobal.ttet 100 E. Cano First Floor Edinburg, Texas 78539 (956)292-7600(Telephone) GU 's IAN AD LITEM FOR MINOR. PLAINTIFFS,JOSUE PEC'DIA End CLARISSAPECINA 61235:10279382