Preview
Electronically Submitted
10/6/2022 4:17 PM
Hidalgo County Clerk
Accepted by: Audrey Alvarez
CAUSE NO. CL-22-2808-J
MERLIN JANETH ZAMBRANO AS IN THE COUNTY COURT
NEXT FRIEND OF F.N.M.Z. MINOR
VS. AT LAW NO. 10
LA PLAZA MALL, SIMON PROPERTY
GROUP (TEXAS), L.P. AND SIMON
PROPERTY GROUP, INC. HIDALGO COUNTY, TEXAS
AGREED FINAL JUDGMENT
BE IT REMEMBERED that on the 271" day of September, 2022, came on to be
heard the above entitled and numbered cause, wherein Plaintiff, Merlin Janeth Zambrano,
as Next Friend of F.N.M.Z ("Plaintiff), appeared personally and with her attorney, Luis
Cardenas and the minor Plaintiff, F.N.M.Z. appeared personally and with his/her court
appointed ad litem, Jose G. Gonzalez, and Defendants La Plaza Mall, Simon Property
Group (Texas), L.P. and Simon Property Group, Inc. (collectively, "Defendants"),
appeared by and through their attorney, James H. Hunter, Jr. 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 Plaintiff,
the sums set forth below in settlement of all matters and things involved in this cause,
and for all damages suffered by the minor, F.N.M.Z, 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 Plaintiff Merlin Janeth Zambrano, acting for her
minor child, F.N.M.Z. Therefore, the Court previously appointed Jose G. Gonzalez, a
qualified attorney in Hidalgo County, Texas, as ad litem to represent the interests of the
65615: 46217376
Electronically Submitted
10/6/2022 4:17 PM
Hidalgo County Clerk
Accepted by: Audrey Alvarez
minor, F.N.M.Z, 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 minor, F.N.M.Z., 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 Ad
Litem, that the settlement agreement between Plaintiff and Defendants is a good faith
settlement of a disputed claim under Texas law, which is fair and adequately and
appropriately protects the interests of F.N.M.Z, a Minor, and it is in the minor's best
interests for the Court to approve the settlement agreement and the terms herein.
Therefore, in accordance with the settlement agreement, the evidence and the
recommendation of the Ad Litem, it is hereby ORDERED, ADJUDGED and DECREED
by the Court as follows:
1. That Plaintiff, Merlin Janeth Zambrano, as next friend of F.N.M.Z, a minor,
have and recover from Defendants, La Plaza Mall, Simon Property Group
(Texas), L.P. and Simon Property Group, Inc., the gross sum of Twelve
Thousand Dollars ($12,000.00). From this sum, Plaintiffs attorney shall deduct
and pay it's attorney's fees, case expenses, Plaintiffs medical providers and
any lien holders, leaving a net balance of Three Thousand Six Hundred
Ninety-five Dollars ($3,695.00) which shall be deposited in Plaintiffs
attorney's trust account and held until the minor, F.N.M.Z., reaches the age of
eighteen (18), after which Plaintiff's attorney may disburse the funds to F.N.M.Z
without further order from this Court.
2. The Attorney Ad Litem, Jose G. Gonzalez, is awarded the sum of One
Thousand Two Hundred Dollars ($1,200.00) in fees for ad /item services,
which sum is to be paid separately by Defendants' insurer, as costs of court,
subject to Defendants' rights under TRCP 173 if the Ad Litem and Defendant
cannot reach an agreement on the amount of ad /item fees by the time this
Judgment is entered.
60163:10071620 2
Electronically Submitted
10/6/2022 4:17 PM
Hidalgo County Clerk
Accepted by: Audrey Alvarez
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, La Plaza Mall, Simon Property Group (Texas), L.P. and Simon
Property Group, Inc., 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
August 19, 2021, in McAllen, Hidalgo County, Texas, as described in Plaintiffs pleadings
on file herein, and no execution shall ever issue hereon, except for Court costs, as
hereinafter provided. It is further
ORDERED that costs of court be borne by the party incurring the same, except for
the ad /item's reasonable and necessary fees and expenses, which shall taxed against
Defendants, La Plaza Mall, Simon Property Group (Texas), L.P. and Simon Property
Group, Inc., subject to Defendants' rights under TRCP 173.7. Finally, it is ORDERED
that this is a Final Judgment that disposes of all claims against La Plaza Mall, Simon
Property Group (Texas), L.P. and Simon Property Group, Inc., and Plaintiffs cause is
hereby dismissed in its entirety with prejudice.
7th
SIGNED on the day of October , 2022.
JUDGE PRESIDING
APPROVED AND ENTRY REQUESTED:
ESCOBEDO & CARDENAS, LLP,
10/11/2022 8:03am
AA
By:
Luis M. Cardenas
60163:10071620 3
Electronically Submitted
10/6/2022 4:17 PM
Hidalgo County Clerk
Accepted by: Audrey Alvarez
State Bar No.: 24001837
luisAescobedocardenas.com
Joe Escobedo, Jr.
State Bar No:06661837
joeAescobedocardenas.com
1602 Dulcinea Ave.
Edinberg, Texas 78539
(956)630-2222 (Telephone)
(956)630-2223(Facsimile)
ATTORNEYS FOR PLAINTIFF,
MERLIN JANETH ZAMBRANO, AS NEXT
FRIEND OF F.N.M.Z.
ROYSTON, RAYZOR, VICKERY & WILLIAMS, LLP
By:
James H. Hunter, Jr.
State Bar No. 00784311
jim.hunterAroystonlaw.com
Nathan S. Janis
State Bar No. 24106138
nathanlanisAroystonlaw.com
55 Cove Circle
Brownsville, Texas 78523-3509
Tel:(956) 542-4377
Fax:(956) 542-4370
ATTORNEYS FOR DEFENDANTS,
LA PLAZA MALL,SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON
PROPERTY GROUP,INC.
ATTORNEY AD LITEM
LAW OFFICE OF JOSE G. GONZALEZ
By:
Jose G. Gonza
State Bar No.
icqlawAqmail.com
4129 North 22nd St., Suite 8
McAllen, Texas 78504
Tel:(956) 731-4324
ATTORNEY AD LITEM FOR MINOR
CHILD, F.N.M.Z
60163:10071620 4
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Gisela Vega on behalf of James Hunter, Jr.
Bar No. 00784311
Gisela.Vega@roystonlaw.com
Envelope ID: 68984810
Status as of 10/6/2022 4:43 PM CST
Associated Case Party: Simon Property Group (Texas), L.P.
Name BarNumber Email TimestampSubmitted Status
Nathan SJanis Nathan.Janis@roystonlaw.com 10/6/2022 4:17:41 PM SENT
James H. Hunter, Jr jim.hunter@roystonlaw.com 10/6/2022 4:17:41 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Gisela Vega on behalf of James Hunter, Jr.
Bar No. 00784311
Gisela.Vega@roystonlaw.com
Envelope ID: 68984810
Status as of 10/6/2022 4:43 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Cathy AGonzalez cathy@escobedocardenas.com 10/6/2022 4:17:41 PM SENT
Luis Cardenas luis@escobedocardenas.com 10/6/2022 4:17:41 PM SENT
Preview
Electronically Submitted 10/6/2022 4:17 PM Hidalgo County Clerk Accepted by: Audrey Alvarez CAUSE NO. CL-22-2808-J MERLIN JANETH ZAMBRANO AS IN THE COUNTY COURT NEXT FRIEND OF F.N.M.Z. MINOR VS. AT LAW NO. 10 LA PLAZA MALL, SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON PROPERTY GROUP, INC. HIDALGO COUNTY, TEXAS AGREED FINAL JUDGMENT BE IT REMEMBERED that on the 271" day of September, 2022, came on to be heard the above entitled and numbered cause, wherein Plaintiff, Merlin Janeth Zambrano, as Next Friend of F.N.M.Z ("Plaintiff), appeared personally and with her attorney, Luis Cardenas and the minor Plaintiff, F.N.M.Z. appeared personally and with his/her court appointed ad litem, Jose G. Gonzalez, and Defendants La Plaza Mall, Simon Property Group (Texas), L.P. and Simon Property Group, Inc. (collectively, "Defendants"), appeared by and through their attorney, James H. Hunter, Jr. 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 Plaintiff, the sums set forth below in settlement of all matters and things involved in this cause, and for all damages suffered by the minor, F.N.M.Z, 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 Plaintiff Merlin Janeth Zambrano, acting for her minor child, F.N.M.Z. Therefore, the Court previously appointed Jose G. Gonzalez, a qualified attorney in Hidalgo County, Texas, as ad litem to represent the interests of the 65615: 46217376 Electronically Submitted 10/6/2022 4:17 PM Hidalgo County Clerk Accepted by: Audrey Alvarez minor, F.N.M.Z, 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 minor, F.N.M.Z., 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 Ad Litem, that the settlement agreement between Plaintiff and Defendants is a good faith settlement of a disputed claim under Texas law, which is fair and adequately and appropriately protects the interests of F.N.M.Z, a Minor, and it is in the minor's best interests for the Court to approve the settlement agreement and the terms herein. Therefore, in accordance with the settlement agreement, the evidence and the recommendation of the Ad Litem, it is hereby ORDERED, ADJUDGED and DECREED by the Court as follows: 1. That Plaintiff, Merlin Janeth Zambrano, as next friend of F.N.M.Z, a minor, have and recover from Defendants, La Plaza Mall, Simon Property Group (Texas), L.P. and Simon Property Group, Inc., the gross sum of Twelve Thousand Dollars ($12,000.00). From this sum, Plaintiffs attorney shall deduct and pay it's attorney's fees, case expenses, Plaintiffs medical providers and any lien holders, leaving a net balance of Three Thousand Six Hundred Ninety-five Dollars ($3,695.00) which shall be deposited in Plaintiffs attorney's trust account and held until the minor, F.N.M.Z., reaches the age of eighteen (18), after which Plaintiff's attorney may disburse the funds to F.N.M.Z without further order from this Court. 2. The Attorney Ad Litem, Jose G. Gonzalez, is awarded the sum of One Thousand Two Hundred Dollars ($1,200.00) in fees for ad /item services, which sum is to be paid separately by Defendants' insurer, as costs of court, subject to Defendants' rights under TRCP 173 if the Ad Litem and Defendant cannot reach an agreement on the amount of ad /item fees by the time this Judgment is entered. 60163:10071620 2 Electronically Submitted 10/6/2022 4:17 PM Hidalgo County Clerk Accepted by: Audrey Alvarez 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, La Plaza Mall, Simon Property Group (Texas), L.P. and Simon Property Group, Inc., 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 August 19, 2021, in McAllen, Hidalgo County, Texas, as described in Plaintiffs pleadings on file herein, and no execution shall ever issue hereon, except for Court costs, as hereinafter provided. It is further ORDERED that costs of court be borne by the party incurring the same, except for the ad /item's reasonable and necessary fees and expenses, which shall taxed against Defendants, La Plaza Mall, Simon Property Group (Texas), L.P. and Simon Property Group, Inc., subject to Defendants' rights under TRCP 173.7. Finally, it is ORDERED that this is a Final Judgment that disposes of all claims against La Plaza Mall, Simon Property Group (Texas), L.P. and Simon Property Group, Inc., and Plaintiffs cause is hereby dismissed in its entirety with prejudice. 7th SIGNED on the day of October , 2022. JUDGE PRESIDING APPROVED AND ENTRY REQUESTED: ESCOBEDO & CARDENAS, LLP, 10/11/2022 8:03am AA By: Luis M. Cardenas 60163:10071620 3 Electronically Submitted 10/6/2022 4:17 PM Hidalgo County Clerk Accepted by: Audrey Alvarez State Bar No.: 24001837 luisAescobedocardenas.com Joe Escobedo, Jr. State Bar No:06661837 joeAescobedocardenas.com 1602 Dulcinea Ave. Edinberg, Texas 78539 (956)630-2222 (Telephone) (956)630-2223(Facsimile) ATTORNEYS FOR PLAINTIFF, MERLIN JANETH ZAMBRANO, AS NEXT FRIEND OF F.N.M.Z. ROYSTON, RAYZOR, VICKERY & WILLIAMS, LLP By: James H. Hunter, Jr. State Bar No. 00784311 jim.hunterAroystonlaw.com Nathan S. Janis State Bar No. 24106138 nathanlanisAroystonlaw.com 55 Cove Circle Brownsville, Texas 78523-3509 Tel:(956) 542-4377 Fax:(956) 542-4370 ATTORNEYS FOR DEFENDANTS, LA PLAZA MALL,SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON PROPERTY GROUP,INC. ATTORNEY AD LITEM LAW OFFICE OF JOSE G. GONZALEZ By: Jose G. Gonza State Bar No. icqlawAqmail.com 4129 North 22nd St., Suite 8 McAllen, Texas 78504 Tel:(956) 731-4324 ATTORNEY AD LITEM FOR MINOR CHILD, F.N.M.Z 60163:10071620 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Gisela Vega on behalf of James Hunter, Jr. Bar No. 00784311 Gisela.Vega@roystonlaw.com Envelope ID: 68984810 Status as of 10/6/2022 4:43 PM CST Associated Case Party: Simon Property Group (Texas), L.P. Name BarNumber Email TimestampSubmitted Status Nathan SJanis Nathan.Janis@roystonlaw.com 10/6/2022 4:17:41 PM SENT James H. Hunter, Jr jim.hunter@roystonlaw.com 10/6/2022 4:17:41 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Gisela Vega on behalf of James Hunter, Jr. Bar No. 00784311 Gisela.Vega@roystonlaw.com Envelope ID: 68984810 Status as of 10/6/2022 4:43 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Cathy AGonzalez cathy@escobedocardenas.com 10/6/2022 4:17:41 PM SENT Luis Cardenas luis@escobedocardenas.com 10/6/2022 4:17:41 PM SENT