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Cause No. DC-23-10920
MINSUK KIM, K BUILDING IN THE DISTRICT COURT
§§§§§§§§§§§§§
MAINTENANCE CORPORATION, and
E BUILDING MAINTENANCE
CORPORATION,
Plaintiffs-Gamishors,
298TH JUDICLAL DISTRICT
VS.
BOFK, NATIONAL ASSOCIATION
D/B/A BANK OF TEXAS,
Defendant-Garnishee. DALLAS COUNTY, TEXAS
AGREED ORDER OF DISMISSAL WITHOUT PREJUDICE
On July 31, 2023, in cause number DC-18-09453, this Court signed a final judgment in
favor of Plaintiffs and against Entrust One Facility Services, Inc. (“Judgment Debtor”). Pursuant
to that judgment, on August 4, 2023, Plaintiffs filed an application for writ of garnishment against
Gamishee BOKF, National Association d/b/a Bank of Texas (“Gamishee”), which has property
belonging to Judgment Debtor (the “Funds”). On August 9, 2023, the Dallas County District Clerk
issued the writ of garnishment, which was served on Gamishee on August 10, 2023. On September
5, 2023, Gamishee filed an Original Answer to the writ of garnishment.
Pursuant to the agreement of Plaintiffs, Gamishee, and Judgment Debtor, the writ of
garnishment is hereby DISSOLVED without prejudice.
Pursuant to the agreement of Plaintiffs, Gamishee, and Judgment Debtor, immediately
upon Judgment Debtor gaining access to the Funds, Judgment Debtor shall (1) obtain $725,522.18
in the form of an official check from Gamishee made payable to the Dallas County District Clerk;
(2) promptly thereafter provide the $725,522.18 official check to the Dallas County District Clerk
for the purpose of superseding the July 31, 2023 judgment in cause number DC-18-09453,
AGREED ORDER 0F DISMISSAL WITHOUT PREJUDICE Page 1
pursuant to Texas Rule of Appellate Procedure 24.1; (3) obtain $850 in the form an official check
from Garnishee made payable to Shackelford, Bowen, McKinley & Norton, LLP; and (4) promptly
thereafter provide the $850 official check to Shackelford, Bowen, McKinley & Norton, LLP for
the purpose of paying the costs and reasonable attorney fees incurred by Garnishee as a result of
the writ of garnishment.
After, but not before, Garnishee provides (1) Judgment Debtor with the $725,522.18
official check payable to the Dallas County District Clerk and (2) the $850 official check payable
to Shackelford, Bowen, McKinley & Norton, LLP, any other funds owned by Judgment Debtor
which are in the possession of Garnishee shall be released by Garnishee to Judgment Debtor.
Plaintiffs and Judgment Debtor request Gamishee to take the aforementioned actions, and
release Gamishee from any liability related to this garnishment proceeding.
Pursuant to an agreement of Plaintiffs and Judgment Debtor, the amount of $725,522.18
shall be a sufficient amount to supersede the July 31, 2023 judgment in cause number DC-18-
09453 while an appeal of that judgment could be timely filed and/or is pending, up to September
20, 2024. Should an appeal of that judgment still be pending after September 20, 2024, Judgment
Debtor may need to post an additional amount in order for the judgment to continue to be
superseded. If Plaintiffs and Judgment Debtor are unable to reach an agreement as to such
additional amount, such additional amount shall be determined by this Court.
This order finally disposes of all claims and all parties in this garnishment case without
prejudice to the refiling of same and is final and appealable. All relief not specifically granted is
hereby denied.
AGREED ORDER 0F DISMISSAL WITHOUT PREJUDICE Page 2
SIGNED this day of 2023
JUDGE PRESIDING
AGREED:
/s/ Brian P. Shaw
Brian P. Shaw
Attorney for Plaintiffs
/s/ Chad M. Ruback
Chad M. Ruback
Appellate Attorney for Judgment Debtor
Entrust One Facility Services, Inc.
/s/ Worthy Walker
Worthy Walker
Attorney for Garnishee
BOKF, National Association d/b/a Bank of Texas
AGREED ORDER 0F DISMISSAL WITHOUT PREJUDICE Page 3
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Cause No. DC-23-10920 MINSUK KIM, K BUILDING IN THE DISTRICT COURT §§§§§§§§§§§§§ MAINTENANCE CORPORATION, and E BUILDING MAINTENANCE CORPORATION, Plaintiffs-Gamishors, 298TH JUDICLAL DISTRICT VS. BOFK, NATIONAL ASSOCIATION D/B/A BANK OF TEXAS, Defendant-Garnishee. DALLAS COUNTY, TEXAS AGREED ORDER OF DISMISSAL WITHOUT PREJUDICE On July 31, 2023, in cause number DC-18-09453, this Court signed a final judgment in favor of Plaintiffs and against Entrust One Facility Services, Inc. (“Judgment Debtor”). Pursuant to that judgment, on August 4, 2023, Plaintiffs filed an application for writ of garnishment against Gamishee BOKF, National Association d/b/a Bank of Texas (“Gamishee”), which has property belonging to Judgment Debtor (the “Funds”). On August 9, 2023, the Dallas County District Clerk issued the writ of garnishment, which was served on Gamishee on August 10, 2023. On September 5, 2023, Gamishee filed an Original Answer to the writ of garnishment. Pursuant to the agreement of Plaintiffs, Gamishee, and Judgment Debtor, the writ of garnishment is hereby DISSOLVED without prejudice. Pursuant to the agreement of Plaintiffs, Gamishee, and Judgment Debtor, immediately upon Judgment Debtor gaining access to the Funds, Judgment Debtor shall (1) obtain $725,522.18 in the form of an official check from Gamishee made payable to the Dallas County District Clerk; (2) promptly thereafter provide the $725,522.18 official check to the Dallas County District Clerk for the purpose of superseding the July 31, 2023 judgment in cause number DC-18-09453, AGREED ORDER 0F DISMISSAL WITHOUT PREJUDICE Page 1 pursuant to Texas Rule of Appellate Procedure 24.1; (3) obtain $850 in the form an official check from Garnishee made payable to Shackelford, Bowen, McKinley & Norton, LLP; and (4) promptly thereafter provide the $850 official check to Shackelford, Bowen, McKinley & Norton, LLP for the purpose of paying the costs and reasonable attorney fees incurred by Garnishee as a result of the writ of garnishment. After, but not before, Garnishee provides (1) Judgment Debtor with the $725,522.18 official check payable to the Dallas County District Clerk and (2) the $850 official check payable to Shackelford, Bowen, McKinley & Norton, LLP, any other funds owned by Judgment Debtor which are in the possession of Garnishee shall be released by Garnishee to Judgment Debtor. Plaintiffs and Judgment Debtor request Gamishee to take the aforementioned actions, and release Gamishee from any liability related to this garnishment proceeding. Pursuant to an agreement of Plaintiffs and Judgment Debtor, the amount of $725,522.18 shall be a sufficient amount to supersede the July 31, 2023 judgment in cause number DC-18- 09453 while an appeal of that judgment could be timely filed and/or is pending, up to September 20, 2024. Should an appeal of that judgment still be pending after September 20, 2024, Judgment Debtor may need to post an additional amount in order for the judgment to continue to be superseded. If Plaintiffs and Judgment Debtor are unable to reach an agreement as to such additional amount, such additional amount shall be determined by this Court. This order finally disposes of all claims and all parties in this garnishment case without prejudice to the refiling of same and is final and appealable. All relief not specifically granted is hereby denied. AGREED ORDER 0F DISMISSAL WITHOUT PREJUDICE Page 2 SIGNED this day of 2023 JUDGE PRESIDING AGREED: /s/ Brian P. Shaw Brian P. Shaw Attorney for Plaintiffs /s/ Chad M. Ruback Chad M. Ruback Appellate Attorney for Judgment Debtor Entrust One Facility Services, Inc. /s/ Worthy Walker Worthy Walker Attorney for Garnishee BOKF, National Association d/b/a Bank of Texas AGREED ORDER 0F DISMISSAL WITHOUT PREJUDICE Page 3