On August 29, 2019 a
Motion-Secondary
was filed
involving a dispute between
Magic Valley Concrete, Llc D B A Capa,
and
Mar Designs And Construction,
Rodriguez, Mario,
for Contract - Other Contract (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
3/9/2020 2:26 PM
Hidalgo County District Clerks
Reviewed By: Marcos Lopez
CAUSE NO. C-3737-19-E
MAGIC VALLEY CONCRETE, IN THE DISTRICT COURT
LLC d/b/a CAPA
Plaintiff
V. 275' JUDICIAL DISTRICT
MAR DESIGNS AND
CONSTRUCTION and MARIO
RODRIGUEZ HIDALGO COUNTY, TEXAS
Defendants
ORDER GRANTING SUMMARY JUDGMENT
On the day of , 2020, the Court heard Plaintiff's Motion for
Final Summary Judgment. The parties appeared before the Court for the hearing on the
Motion. After considering the pleadings, responses, evidence on file, arguments of
counsel, the Court grants the Motion for Final Summary Judgment.
ORDERED, ADJUDGED AND DECREED that the Court, therefore orders that
the Plaintiff's Motion for Summary Judgment is GRANTED.
IT IS FURTHER ORDERED AND ADJUDGED AND DECREED, that the
Court having heard evidence regarding Plaintiff's damages, awards the following
damages to Plaintiff against the Defendants MAR Designs and Construction and Mario
Rodriguez, jointly and severally:
$ 67,133.08 as the principal amount due and owing as actual damages,
$ 5,615.58 as prejudgment interest at a rate of 18% from the date the lawsuit was
filed on August 29, 2019 and stopped accruing on the date before the date judgment
was rendered.
Electronically Filed
3/9/2020 2:26 PM
Hidalgo County District Clerks
Reviewed By: Marcos Lopez
$ 2,577.93 as reasonable attorney fees in prosecution of this matter, $5,000.00 as
reasonable attorney fees if an appeal is filed in this matter, and $5,000.00 as reasonable
attorney fees if an appeal is filed with the Supreme Court of Texas.
$ 503.71 as expenses.
IT IS FURTHER ORDERED AND ADJUDGED AND DECREED therefore, it
is the Court's ruling that Plaintiff's be awarded the TOTAL AMOUNT of $75,326.59,
which includes actual damages, interest, attorney fees, and court costs.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that said sums
shall bear interest at a rate of 18% from the date of judgment until paid.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff shall
have all writs and processes necessary to recover this judgment.
The Court orders execution to issue for this judgment.
SIGNED on this day of , 2020.
JUDGE PRESIDING
cc: Jose W. Hernandez, Esq. Law Office of Jose W Hernandez, PLLC, 206 W Stubbs
Street, Edinburg, Texas 78539. jwh(&jwhemandezlaw.com mroque@lojwhlaw.com
David Ewers, Esq., Law Office of David A. Ewers, PC, 323 West Nolana Street
McAllen, Texas 78504 david@ewers.com
Document Filed Date
March 09, 2020
Case Filing Date
August 29, 2019
Category
Contract - Other Contract (OCA)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Electronically Filed 3/9/2020 2:26 PM Hidalgo County District Clerks Reviewed By: Marcos Lopez CAUSE NO. C-3737-19-E MAGIC VALLEY CONCRETE, IN THE DISTRICT COURT LLC d/b/a CAPA Plaintiff V. 275' JUDICIAL DISTRICT MAR DESIGNS AND CONSTRUCTION and MARIO RODRIGUEZ HIDALGO COUNTY, TEXAS Defendants ORDER GRANTING SUMMARY JUDGMENT On the day of , 2020, the Court heard Plaintiff's Motion for Final Summary Judgment. The parties appeared before the Court for the hearing on the Motion. After considering the pleadings, responses, evidence on file, arguments of counsel, the Court grants the Motion for Final Summary Judgment. ORDERED, ADJUDGED AND DECREED that the Court, therefore orders that the Plaintiff's Motion for Summary Judgment is GRANTED. IT IS FURTHER ORDERED AND ADJUDGED AND DECREED, that the Court having heard evidence regarding Plaintiff's damages, awards the following damages to Plaintiff against the Defendants MAR Designs and Construction and Mario Rodriguez, jointly and severally: $ 67,133.08 as the principal amount due and owing as actual damages, $ 5,615.58 as prejudgment interest at a rate of 18% from the date the lawsuit was filed on August 29, 2019 and stopped accruing on the date before the date judgment was rendered. Electronically Filed 3/9/2020 2:26 PM Hidalgo County District Clerks Reviewed By: Marcos Lopez $ 2,577.93 as reasonable attorney fees in prosecution of this matter, $5,000.00 as reasonable attorney fees if an appeal is filed in this matter, and $5,000.00 as reasonable attorney fees if an appeal is filed with the Supreme Court of Texas. $ 503.71 as expenses. IT IS FURTHER ORDERED AND ADJUDGED AND DECREED therefore, it is the Court's ruling that Plaintiff's be awarded the TOTAL AMOUNT of $75,326.59, which includes actual damages, interest, attorney fees, and court costs. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that said sums shall bear interest at a rate of 18% from the date of judgment until paid. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff shall have all writs and processes necessary to recover this judgment. The Court orders execution to issue for this judgment. SIGNED on this day of , 2020. JUDGE PRESIDING cc: Jose W. Hernandez, Esq. Law Office of Jose W Hernandez, PLLC, 206 W Stubbs Street, Edinburg, Texas 78539. jwh(&jwhemandezlaw.com mroque@lojwhlaw.com David Ewers, Esq., Law Office of David A. Ewers, PC, 323 West Nolana Street McAllen, Texas 78504 david@ewers.com