Preview
10/2/2021 3:28 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 57820784
By: Daisy Puente
Filed: 10/4/2021 12:00 AM
Pgs-4
CAUSE NO. 2021-36031
MICHAEL D. SYDOW, IN THE DISTRICT COURT ORrrox
PlaintiffApplicant, 8A
VS. HARRIS COUNTY, TEXAS
LISA MINTON F/K/A LISA
PENAFIEL,
Defendant/Respondent. 295th JUDICIAL DISTRICT
EINAL JUDGMENT CONFIRMING ARBITRATION AWARD
On this day, the Court head Plaintiff/Applicant Michael D. Sydow’s Motion for
Confirmation of Arbitration Award and for entry of final judgment against Lisa Minton, formerly
known as Lisa Penafiel. The Court grants the motion as follows
The Court finds Lisa Minton f/k/a Lisa Penafiel executed a contract & Agreement of
Employment with a Contingent Fee with Michael D. Sydow on or about March 19, 2007 (“the
Sydow fee agreement”).
The Court further finds that the Sydow fee agreement, as well as a separately executed
Arbitration Agreement executed in July 2020, called for any disputes regarding Sydow’s fee
agreement, or regarding any other matter concerning his representation of Lisa Penafiel n/k/a Lisa
Minton to be submitted to binding arbitration.
The Court further finds by agreement of the parties, an arbitration ensued before arbitrators
Jeff Uzick, Hon. Reagan Clark and Hon. Charles Seymore regarding Michael D. Sydow’s claim
for fees, costs and damages related to an underlying Judgment and Decree of Divorce issued in
Cause No. 2003-03866 in the 295" Judicial District Court of Harris County, Texas which was
transferred to the 311" Judicial District Court of Harris County, Texas.in which Defendant appeared
and participated.
The Court further finds on June 11, 2021, the arbitrators issued an arbitration award in
favor of Michael D. Sydow against Lisa Minton f/k/a Lisa Penafiel
Pursuant to Chapter 171 of the Texas Civil Practice and Remedies Code, and under the
Texas General Arbitration Act, Michael D. Sydow filed an Application To Confirm the Arbitration
Award, and sought judgment thereon pursuant to Tex. Civ. Prac. & Rem. Code § 171.092
The Court finds that it has proper venue and jurisdiction over the subject matter and parties
including jurisdiction pursuant to Tex. Civ. Prac. & Rem. Code §§ 171.081, 171.082, 171.096.
The Court further finds that Lisa Minton f/k/a Lisa Penafiel was personally served with
citation on July 6, 2021, as reflected in the return of service, which has been on file with the Court
more than 10 days and that Lisa Minton’s date for answer was August 2, 2021, by 10:00 a.m. The
Court further finds that she has fttet-not appeared or answered as of the date of this Judgment, nor
has she filed a Motion To Vacate the Arbitration Award under Tex. Civ. Prac. & Rem. Code §
1
171.088; Therefore, Lisa Minton f/k/a Lisa Penafiel is in default, and Michael D. Sydow is entitled
to confirmation of the arbitration award.
Michael D. Sydow has filed an Affidavit of Last Known Address and Affidavit of Non-
military Service. Sydow has also proven uj rbitration Agreement, and the June 11, 2021 Final
Binding Arbitration Award, and these documents were properly attached to the Application and
this Motion for Default Judgment and Confirmation of the Arbitration Award under Tex. Civ
Prac. & Rem. Code § 171.085.
After notice and hearin
The Court thus grants the motion and confirms the June 11, 2021 Final Binding Arbitration
Award pursuant to Tex. Civ. Prac. & Rem Code §§ 171.086(b)(6), 171.087.
In addition, pursuant to Tex. Civ. Prac. & Rem. Code § 171.092, the Court grants judgment
in favor of Michael D. Sydow and against Lisa Minton f/k/a Lisa Penafiel as set out herein.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the June 11, 2021 Final
Binding Arbitration Award is confirmed and on which Judgment is now rendered as the findings
and Judgment of this Court. It is further
as found by the arbitrators
ORDERED, ADJUDGED AND DECREEDA that the March 19, 2007 Contract &
Agreement of Employment with a Contingent Fee between Michael D. Sydow and Lisa Minton
f/k/a Lisa Penafiel is valid, binding and enforceable as against Lisa Minton f/k/a Lisa Penafiel, and
her heirs, agents, representatives, successors and assigns. It is further,
s found by the arbitrators
ORDERED, ADJUDGED AND DECREEDA that Lisa’ Minton f/k/a Lisa Penafiel
terminated the March 19, 2007 Contract & Agreement of Employment with a Contingent Fee with
Michael D. Sydow without just cause, and that Lisa Minton f/k/a Lisa Penafiel failed to establish
any defense to the enforceability of the Sydow fee agreement
pursuant to the rbitration agreement
It is further ORDERED, ADJUDGED AND DECREED thatd under the Mar 17, 2007 cf
Contract & Agreement of Employment with Contingent Fee, Michael D. Sydow is entitled to 33
1/3% of the gross recovery by Lisa Minton f/k/a Lisa Penafiel of any and all money and property
Lisa Minton f/k/a Lisa Penafiel is awarded or otherwise receives from any source or proceeding in
Cause No. 2003-03866 including without limitation to the $249,600,000.00 Judgment plus interest
received in Cause No. 2003-03866 and the $1,822,808.00 in attorney’s fees plus interest, and
$134,830.40 in sanctions whether by settlement, or by whatever causes of action necessary to
procure collection of such amounts and Judgments due Lisa Minton f/k/a Lisa Penafiel from Jose
Alejandro Penafiel a/k/a Jose Alejandro Penafiel Saldago, and Michael D. Sydow is hereby
assigned such a 33 1/3% interest in these amounts and Judgments contained in the Final Decree
of Divorce in Cause 2003-03866, as amended, modified or reformed pursuant to that certain
appellate mandate issued in Case No. 14-19-00240-CV and 14-20-00023-CV.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Michael D. Sydow in
accordance with the Arbitrators Final and Binding Award is awarded a Judgment against Lisa
Minton f/k/a Lisa Penafiel in the amount of $469,636.90 with interest at 5% compounded per
annum commencing on June 11, 2021 until paid in full comprising the following amounts:(1)
$134,830.40 owed Michael D. Sydow for unpaid and unreimbursed expenses; (2) $82,500 for
attorney’s fees due Michael D. Sydow; (4) $2,500.00 for discovery sanctions incurred by Michael
D. Sydow in this arbitration proceeding; and (5) $249,806.50 for reasonable and necessary
attorneys’ fees incurred by Michael D. Sydow in the arbitration proceeding. Michael D. Sydow is
granted all writs of execution and other process as necessary or advisable or provided by law to
enforce this Judgment
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that should Lisa Minton f/k/a
Lisa Penafiel appeal the Arbitration Award and Michael D. Sydow is the prevailing party, Michael
D. Sydow is awarded a Judgment against Lisa Minton f/k/a Lisa Penafiel in the sum of $40,000
for attorneys’ fees as determined by the arbitrators as a conditional fee award in the June 11, 2021
arbitration award.
It is further ORDERED, ADJUDGED AND DECREED that all costs of the arbitration are
awarded against Lisa Minton f/k/a Lisa Penafiel and that Judgment in the amount of $57,914.42
are awarded to Michael D. Sydow and payable by Lisa Minton f/k/a Lisa Penafiel for costs incurred
in the arbitration proceeding and any further costs, to be determined by the Clerk of the Court
Such Judgment shall bear interest at the maximum legal rate of interest, currently 5%, compounded
per annum from June 11, 2021, until paid in full Michael D. Sydow is granted all writs of
execution and other process as necessary to enforce this Judgment.
All relief that is sought or could have been otherwise sought or which could have been
sought herein or in the arbtration by the parties is hereby DENIED. This constitutes a final
judgment addressing all claims as to all parties which is appealable.
Signed on this the day of October 2021.
Signed:
10/4/2021 CD. Rake
THE HONORABLE DONNA ROTH
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.
Robin Ziek on behalf of Robin Ziek
Bar No. 22262575
rziek@sbcglobal.net
Envelope ID: 57820784
Status as of 10/4/2021 8:22 AM CST
Case Contacts
Name BarNumber | Email TimestampSubmitted | Status
Robin Ziek rziek@sbcglobal.net | 10/2/2021 3:28:38 PM | SENT
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10/2/2021 3:28 PM Marilyn Burgess - District Clerk Harris County Envelope No. 57820784 By: Daisy Puente Filed: 10/4/2021 12:00 AM Pgs-4 CAUSE NO. 2021-36031 MICHAEL D. SYDOW, IN THE DISTRICT COURT ORrrox PlaintiffApplicant, 8A VS. HARRIS COUNTY, TEXAS LISA MINTON F/K/A LISA PENAFIEL, Defendant/Respondent. 295th JUDICIAL DISTRICT EINAL JUDGMENT CONFIRMING ARBITRATION AWARD On this day, the Court head Plaintiff/Applicant Michael D. Sydow’s Motion for Confirmation of Arbitration Award and for entry of final judgment against Lisa Minton, formerly known as Lisa Penafiel. The Court grants the motion as follows The Court finds Lisa Minton f/k/a Lisa Penafiel executed a contract & Agreement of Employment with a Contingent Fee with Michael D. Sydow on or about March 19, 2007 (“the Sydow fee agreement”). The Court further finds that the Sydow fee agreement, as well as a separately executed Arbitration Agreement executed in July 2020, called for any disputes regarding Sydow’s fee agreement, or regarding any other matter concerning his representation of Lisa Penafiel n/k/a Lisa Minton to be submitted to binding arbitration. The Court further finds by agreement of the parties, an arbitration ensued before arbitrators Jeff Uzick, Hon. Reagan Clark and Hon. Charles Seymore regarding Michael D. Sydow’s claim for fees, costs and damages related to an underlying Judgment and Decree of Divorce issued in Cause No. 2003-03866 in the 295" Judicial District Court of Harris County, Texas which was transferred to the 311" Judicial District Court of Harris County, Texas.in which Defendant appeared and participated. The Court further finds on June 11, 2021, the arbitrators issued an arbitration award in favor of Michael D. Sydow against Lisa Minton f/k/a Lisa Penafiel Pursuant to Chapter 171 of the Texas Civil Practice and Remedies Code, and under the Texas General Arbitration Act, Michael D. Sydow filed an Application To Confirm the Arbitration Award, and sought judgment thereon pursuant to Tex. Civ. Prac. & Rem. Code § 171.092 The Court finds that it has proper venue and jurisdiction over the subject matter and parties including jurisdiction pursuant to Tex. Civ. Prac. & Rem. Code §§ 171.081, 171.082, 171.096. The Court further finds that Lisa Minton f/k/a Lisa Penafiel was personally served with citation on July 6, 2021, as reflected in the return of service, which has been on file with the Court more than 10 days and that Lisa Minton’s date for answer was August 2, 2021, by 10:00 a.m. The Court further finds that she has fttet-not appeared or answered as of the date of this Judgment, nor has she filed a Motion To Vacate the Arbitration Award under Tex. Civ. Prac. & Rem. Code § 1 171.088; Therefore, Lisa Minton f/k/a Lisa Penafiel is in default, and Michael D. Sydow is entitled to confirmation of the arbitration award. Michael D. Sydow has filed an Affidavit of Last Known Address and Affidavit of Non- military Service. Sydow has also proven uj rbitration Agreement, and the June 11, 2021 Final Binding Arbitration Award, and these documents were properly attached to the Application and this Motion for Default Judgment and Confirmation of the Arbitration Award under Tex. Civ Prac. & Rem. Code § 171.085. After notice and hearin The Court thus grants the motion and confirms the June 11, 2021 Final Binding Arbitration Award pursuant to Tex. Civ. Prac. & Rem Code §§ 171.086(b)(6), 171.087. In addition, pursuant to Tex. Civ. Prac. & Rem. Code § 171.092, the Court grants judgment in favor of Michael D. Sydow and against Lisa Minton f/k/a Lisa Penafiel as set out herein. Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the June 11, 2021 Final Binding Arbitration Award is confirmed and on which Judgment is now rendered as the findings and Judgment of this Court. It is further as found by the arbitrators ORDERED, ADJUDGED AND DECREEDA that the March 19, 2007 Contract & Agreement of Employment with a Contingent Fee between Michael D. Sydow and Lisa Minton f/k/a Lisa Penafiel is valid, binding and enforceable as against Lisa Minton f/k/a Lisa Penafiel, and her heirs, agents, representatives, successors and assigns. It is further, s found by the arbitrators ORDERED, ADJUDGED AND DECREEDA that Lisa’ Minton f/k/a Lisa Penafiel terminated the March 19, 2007 Contract & Agreement of Employment with a Contingent Fee with Michael D. Sydow without just cause, and that Lisa Minton f/k/a Lisa Penafiel failed to establish any defense to the enforceability of the Sydow fee agreement pursuant to the rbitration agreement It is further ORDERED, ADJUDGED AND DECREED thatd under the Mar 17, 2007 cf Contract & Agreement of Employment with Contingent Fee, Michael D. Sydow is entitled to 33 1/3% of the gross recovery by Lisa Minton f/k/a Lisa Penafiel of any and all money and property Lisa Minton f/k/a Lisa Penafiel is awarded or otherwise receives from any source or proceeding in Cause No. 2003-03866 including without limitation to the $249,600,000.00 Judgment plus interest received in Cause No. 2003-03866 and the $1,822,808.00 in attorney’s fees plus interest, and $134,830.40 in sanctions whether by settlement, or by whatever causes of action necessary to procure collection of such amounts and Judgments due Lisa Minton f/k/a Lisa Penafiel from Jose Alejandro Penafiel a/k/a Jose Alejandro Penafiel Saldago, and Michael D. Sydow is hereby assigned such a 33 1/3% interest in these amounts and Judgments contained in the Final Decree of Divorce in Cause 2003-03866, as amended, modified or reformed pursuant to that certain appellate mandate issued in Case No. 14-19-00240-CV and 14-20-00023-CV. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Michael D. Sydow in accordance with the Arbitrators Final and Binding Award is awarded a Judgment against Lisa Minton f/k/a Lisa Penafiel in the amount of $469,636.90 with interest at 5% compounded per annum commencing on June 11, 2021 until paid in full comprising the following amounts:(1) $134,830.40 owed Michael D. Sydow for unpaid and unreimbursed expenses; (2) $82,500 for attorney’s fees due Michael D. Sydow; (4) $2,500.00 for discovery sanctions incurred by Michael D. Sydow in this arbitration proceeding; and (5) $249,806.50 for reasonable and necessary attorneys’ fees incurred by Michael D. Sydow in the arbitration proceeding. Michael D. Sydow is granted all writs of execution and other process as necessary or advisable or provided by law to enforce this Judgment IT IS HEREBY ORDERED, ADJUDGED AND DECREED that should Lisa Minton f/k/a Lisa Penafiel appeal the Arbitration Award and Michael D. Sydow is the prevailing party, Michael D. Sydow is awarded a Judgment against Lisa Minton f/k/a Lisa Penafiel in the sum of $40,000 for attorneys’ fees as determined by the arbitrators as a conditional fee award in the June 11, 2021 arbitration award. It is further ORDERED, ADJUDGED AND DECREED that all costs of the arbitration are awarded against Lisa Minton f/k/a Lisa Penafiel and that Judgment in the amount of $57,914.42 are awarded to Michael D. Sydow and payable by Lisa Minton f/k/a Lisa Penafiel for costs incurred in the arbitration proceeding and any further costs, to be determined by the Clerk of the Court Such Judgment shall bear interest at the maximum legal rate of interest, currently 5%, compounded per annum from June 11, 2021, until paid in full Michael D. Sydow is granted all writs of execution and other process as necessary to enforce this Judgment. All relief that is sought or could have been otherwise sought or which could have been sought herein or in the arbtration by the parties is hereby DENIED. This constitutes a final judgment addressing all claims as to all parties which is appealable. Signed on this the day of October 2021. Signed: 10/4/2021 CD. Rake THE HONORABLE DONNA ROTH 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. Robin Ziek on behalf of Robin Ziek Bar No. 22262575 rziek@sbcglobal.net Envelope ID: 57820784 Status as of 10/4/2021 8:22 AM CST Case Contacts Name BarNumber | Email TimestampSubmitted | Status Robin Ziek rziek@sbcglobal.net | 10/2/2021 3:28:38 PM | SENT