On December 12, 2011 a
Motion,Ex Parte
was filed
involving a dispute between
Garcia, Joanna,
and
Garcia, Elizabeth,
for Declaratory Judgment
in the District Court of Hidalgo County.
Preview
Electronically Filed
10/12/2023 11:59 AM
Hidalgo County District Clerks
Reviewed By: Dianira Leal
CAUSE NO. C-3522-11-D
JOANNA GARCIA § IN THE DISTRICT COURT
Plaintiff, §
§
v. § 206th JUDICIAL DISTRICT
§
ELIZABETH GARCIA §
Defendant. § HIDALGO COUNTY, TEXAS
MOTION TO ENFORCE SETTLEMENT AGREEMENT
On September 18, 2012, the Parties entered into a Mutual Settlement Agreement (the
“Agreement”). The terms of the Agreement specifically stated that Elizabeth Garcia was to “sign
conditional documents of transfer.” She agreed to “cooperate fully with Joanna Garcia for
obtaining mortgage on the subject property.” Ms. Joanna Garcia was to “obtain [a] mortgage loan
on the property.”
Ms. Joanna Garcia, Plaintiff herein, has been ready to pay the mortgage in full since the
time the settlement was originally entered. However, no deed was ever signed by the Defendant,
Elizabeth Garcia; further, Defendant refuses to cooperate with Ms. Joanna Garcia.
Plaintiff remains ready, willing, and able to pay the mortgage balance in full, but Defendant
Elizabeth Garcia continues to interfere with payments to the mortgagor, recently having blocked
Ms. Joanna Garcia from making her payments online. In addition, Defendant recently began using
the subject property, against the wishes of the declared owner, Plaintiff herein.
PRAYER
Plaintiff Joanna Garcia asks this court to enforce the settlement agreement, wherein
Elizabeth Garcia agreed to transfer title to the subject property at such time the mortgage is paid.
Alternatively, Plaintiff requests this Court divest Defendant of any and all right, title, and interest
Motion to Enforce Page 1 of 2
Electronically Filed
10/12/2023 11:59 AM
Hidalgo County District Clerks
Reviewed By: Dianira Leal
in the Property, transferring any and all such interest to Plaintiff herein. Further, Plaintiff requests
this Court grant her attorney’s fees for continued litigation in this matter.
Respectfully submitted,
Dill Law Firm, PLLC
By: /s/ Sarah Dill
Sarah Dill, J.D., M.B.A.
SBOT No. 24115436
3206 E. Richardson Rd., Suite G
Edinburg, Texas 78542
Tel. (956) 254-0722
Fax. (956) 435-0060
sarah@dill.legal
Attorney for Joanna Garcia
Certificate of Conference
A copy of this instrument has been emailed, mailed, or served via the electronic filing
system to the Defendant on October 2nd, 2023. Further, undersigned counsel called and left a
voicemail on Plaintiff’s phone September 27, 2023 at approximately 4pm, and again on September
30, 2023 at approximately 1pm. Defendant, after receiving conference request via email on
October 4, 2023, responded that she is opposed to the motion.
/s/Sarah Dill
Elizabeth Garcia
Via Email to: elizabgarcia2004@yahoo.com
Pro Se Defendant
Certificate of Service
A copy of this instrument has been emailed, mailed, or served via the electronic filing
system to the Defendant on October 4th, 2023.
/s/Sarah Dill
Elizabeth Garcia
Via Email to: elizabgarcia2004@yahoo.com
Pro Se Defendant
Motion to Enforce Page 2 of 2
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.
Monica Castillo on behalf of Sarah Dill
Bar No. 24115436
monica@dill.legal
Envelope ID: 80524503
Filing Code Description: Motion (No Fee)
Filing Description: STATE'S MOTION FOR CONTINUANCE
Status as of 10/12/2023 12:39 PM CST
Associated Case Party: JOANNA GARCIA
Name BarNumber Email TimestampSubmitted Status
Sarah Dill sarah@dill.legal 10/12/2023 11:59:32 AM SENT
Monica Castillo monica@dill.legal 10/12/2023 11:59:32 AM SENT
Associated Case Party: ELIZABETH GARCIA
Name BarNumber Email TimestampSubmitted Status
Elizabeth Garcia elizabgarcia2004@yahoo.com 10/12/2023 11:59:32 AM SENT
Document Filed Date
October 12, 2023
Case Filing Date
December 12, 2011
Category
Declaratory Judgment
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Electronically Filed 10/12/2023 11:59 AM Hidalgo County District Clerks Reviewed By: Dianira Leal CAUSE NO. C-3522-11-D JOANNA GARCIA § IN THE DISTRICT COURT Plaintiff, § § v. § 206th JUDICIAL DISTRICT § ELIZABETH GARCIA § Defendant. § HIDALGO COUNTY, TEXAS MOTION TO ENFORCE SETTLEMENT AGREEMENT On September 18, 2012, the Parties entered into a Mutual Settlement Agreement (the “Agreement”). The terms of the Agreement specifically stated that Elizabeth Garcia was to “sign conditional documents of transfer.” She agreed to “cooperate fully with Joanna Garcia for obtaining mortgage on the subject property.” Ms. Joanna Garcia was to “obtain [a] mortgage loan on the property.” Ms. Joanna Garcia, Plaintiff herein, has been ready to pay the mortgage in full since the time the settlement was originally entered. However, no deed was ever signed by the Defendant, Elizabeth Garcia; further, Defendant refuses to cooperate with Ms. Joanna Garcia. Plaintiff remains ready, willing, and able to pay the mortgage balance in full, but Defendant Elizabeth Garcia continues to interfere with payments to the mortgagor, recently having blocked Ms. Joanna Garcia from making her payments online. In addition, Defendant recently began using the subject property, against the wishes of the declared owner, Plaintiff herein. PRAYER Plaintiff Joanna Garcia asks this court to enforce the settlement agreement, wherein Elizabeth Garcia agreed to transfer title to the subject property at such time the mortgage is paid. Alternatively, Plaintiff requests this Court divest Defendant of any and all right, title, and interest Motion to Enforce Page 1 of 2 Electronically Filed 10/12/2023 11:59 AM Hidalgo County District Clerks Reviewed By: Dianira Leal in the Property, transferring any and all such interest to Plaintiff herein. Further, Plaintiff requests this Court grant her attorney’s fees for continued litigation in this matter. Respectfully submitted, Dill Law Firm, PLLC By: /s/ Sarah Dill Sarah Dill, J.D., M.B.A. SBOT No. 24115436 3206 E. Richardson Rd., Suite G Edinburg, Texas 78542 Tel. (956) 254-0722 Fax. (956) 435-0060 sarah@dill.legal Attorney for Joanna Garcia Certificate of Conference A copy of this instrument has been emailed, mailed, or served via the electronic filing system to the Defendant on October 2nd, 2023. Further, undersigned counsel called and left a voicemail on Plaintiff’s phone September 27, 2023 at approximately 4pm, and again on September 30, 2023 at approximately 1pm. Defendant, after receiving conference request via email on October 4, 2023, responded that she is opposed to the motion. /s/Sarah Dill Elizabeth Garcia Via Email to: elizabgarcia2004@yahoo.com Pro Se Defendant Certificate of Service A copy of this instrument has been emailed, mailed, or served via the electronic filing system to the Defendant on October 4th, 2023. /s/Sarah Dill Elizabeth Garcia Via Email to: elizabgarcia2004@yahoo.com Pro Se Defendant Motion to Enforce Page 2 of 2 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. Monica Castillo on behalf of Sarah Dill Bar No. 24115436 monica@dill.legal Envelope ID: 80524503 Filing Code Description: Motion (No Fee) Filing Description: STATE'S MOTION FOR CONTINUANCE Status as of 10/12/2023 12:39 PM CST Associated Case Party: JOANNA GARCIA Name BarNumber Email TimestampSubmitted Status Sarah Dill sarah@dill.legal 10/12/2023 11:59:32 AM SENT Monica Castillo monica@dill.legal 10/12/2023 11:59:32 AM SENT Associated Case Party: ELIZABETH GARCIA Name BarNumber Email TimestampSubmitted Status Elizabeth Garcia elizabgarcia2004@yahoo.com 10/12/2023 11:59:32 AM SENT