Preview
Electronically Filed
3/31/2021 10:49 AM
Hidalgo County District Clerks
Reviewed By: Marcos Lopez
CAUSE NO. C-3737-19-E
§
MAGIC VALLEY CONCRETE, LLC § IN THE DISTRICT COURT
dfla/a CAPA §
Plaintiff §
§
V. §
275TH JUDICIAL DISTRICT
§
MAR DESIGNS AND CONSTRUCTION §
and MARIO RODRIGUEZ §
Defendants § HIDALGO COUNTY, TEXAS
ORDER GRANTING MOTION FOR RECONSIDERATION
On the _ day 0f ,
2021, the Court heard Plaintiff’s Motion for
Reconsideration 0n Plaintiff’ s Motion for Final Summary Judgment. The parties were advised 0f
the hearing 0n the motion. After considering the pleadings, responses, evidence 0n file, arguments
of counsel, the Court grants the Motion for Reconsideration on the Plaintiff’s Motion for Final
Summary Judgment.
ORDERED, ADJUDGED AND DECREED that the Court, therefore orders that the
Plaintiff” s Motion for Reconsideration is GRANTED.
IT IS FURTHER ORDERED AND ADIUDGED AND DECREED, that the Court having
heard evidence regarding Plaintiff” s damages, awards the following damages t0 Plaintiff against
the Defendants MAR Designs and Construction and Mario Rodriguez, jointly and severally:
$ 63,068.74 as the principal amount due and owing as actual damages,
$ 7,568.25 as prejudgment interest at a rate 0f 18% from the date the lawsuit was filed 0n
August 29, 2019 and stopped accruing on the date before the date judgment was rendered.
Electronically Filed
3/31/2021 10:49 AM
Hidalgo County District Clerks
Reviewed By: Marcos Lopez
$ 4,500.00 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 $75,640.70, 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 _____________, 2021.
_______________________________
JUDGE PRESIDING
cc: Jose W. Hernandez, Esq. Law Office of Jose W Hernandez, PLLC, 206 W Stubbs Street, Edinburg,
Texas 78539. jwh@jwhernandezlaw.com; lolvera@lojwhlaw.com
David Ewers, Esq., Law Office of David A. Ewers, PC, 323 West Nolana Street McAllen, Texas 78504
david@ewers.com
Mario Rodriguez, Defendant, 3600 Buddy Owens Blvd., McAllen, Texas 78504
Preview
Electronically Filed 3/31/2021 10:49 AM Hidalgo County District Clerks Reviewed By: Marcos Lopez CAUSE NO. C-3737-19-E § MAGIC VALLEY CONCRETE, LLC § IN THE DISTRICT COURT dfla/a CAPA § Plaintiff § § V. § 275TH JUDICIAL DISTRICT § MAR DESIGNS AND CONSTRUCTION § and MARIO RODRIGUEZ § Defendants § HIDALGO COUNTY, TEXAS ORDER GRANTING MOTION FOR RECONSIDERATION On the _ day 0f , 2021, the Court heard Plaintiff’s Motion for Reconsideration 0n Plaintiff’ s Motion for Final Summary Judgment. The parties were advised 0f the hearing 0n the motion. After considering the pleadings, responses, evidence 0n file, arguments of counsel, the Court grants the Motion for Reconsideration on the Plaintiff’s Motion for Final Summary Judgment. ORDERED, ADJUDGED AND DECREED that the Court, therefore orders that the Plaintiff” s Motion for Reconsideration is GRANTED. IT IS FURTHER ORDERED AND ADIUDGED AND DECREED, that the Court having heard evidence regarding Plaintiff” s damages, awards the following damages t0 Plaintiff against the Defendants MAR Designs and Construction and Mario Rodriguez, jointly and severally: $ 63,068.74 as the principal amount due and owing as actual damages, $ 7,568.25 as prejudgment interest at a rate 0f 18% from the date the lawsuit was filed 0n August 29, 2019 and stopped accruing on the date before the date judgment was rendered. Electronically Filed 3/31/2021 10:49 AM Hidalgo County District Clerks Reviewed By: Marcos Lopez $ 4,500.00 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 $75,640.70, 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 _____________, 2021. _______________________________ JUDGE PRESIDING cc: Jose W. Hernandez, Esq. Law Office of Jose W Hernandez, PLLC, 206 W Stubbs Street, Edinburg, Texas 78539. jwh@jwhernandezlaw.com; lolvera@lojwhlaw.com David Ewers, Esq., Law Office of David A. Ewers, PC, 323 West Nolana Street McAllen, Texas 78504 david@ewers.com Mario Rodriguez, Defendant, 3600 Buddy Owens Blvd., McAllen, Texas 78504