Preview
I
1/30/2024 10:39 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Elizabeth Ferguson DEPUTY
CAUSE NO. DC-22-07776
JESUS HERNANDEZ, IN THE DISTRICT COURT
Garnishor,
Vv. DALLAS COUNTY, TEXAS
SOUTHERN SOLAR, LLC AND
GOODLEAP, LLC F/K/A PARAMOUNT
EQUITY MORTGAGE D/B/A LOANPAL,
Garnishee. 95" JUDICIAL DISTRICT
AMENDED SUPERSEDEAS BOND
(BOND NO: S-950328)
Defendant Southern Solar, LLC (“Judgment Debtor”) files this supersedeas bond under
the authority of Texas Rule of Appellate Procedure 24.2(a)(1).
On December 7, 2023, the 95" Judicial District Court of Dallas County, Texas, signed a
judgment in this case docketed under Cause No. DC-22-07776 in favor of Plaintiff Jesus
Hernandez (“Plaintiff”) and against Judgment Debtor (the “Judgment”).
Judgment Debtor intends to appeal the Judgment rendered in this case to the Court of
Appeals, Fifth District of Texas, Dallas, and, if necessary, to the Supreme Court of Texas, and
seeks to supersede execution of the Judgment during the appeal.
Judgment Debtor, as principal, and NGM Insurance Company, as surety, acknowledge
ourselves bound to pay Plaintiff, as oblige, the sum of $232,809.37, which is equal to the sum of
compensatory damages awarded in the Judgment and interest for the estimated duration of the
appeal; plus costs awarded in the judgment, for the payment of which we bind ourselves, our
heirs, personal representatives, successors and assigns, jointly and severally.
THE CONDITION OF THIS BOND. The above-named surety is subject to liability for
all damages and costs that may be awarded against the principal, the Judgment Debtor — up to the
amount of this bond — if:
(i) Judgment Debtor does not perfect an appeal and does not perform the trial court’s
Judgment;
(ii) The appeal is dismissed, and Judgment Debtor does not perform the trial court’s
Judgment; or
(iii) Judgment Debtor does not perform an adverse judgment final on appeal.
SUPERSEDEAS BOND Page |
(Cause No. DC-22-07776)
In no event shall the surety’s liability exceed the amount stated above.
WITNESS our hands this 25" day of January, 2024.
BOND NO. S-950328
» LE hill
Marti Avérill, as agent for ©
Southern Solar, LLC (principal & judgment debtor)
NGM INSURANCE COMPANY
4601 Touchton Road, Suite 3400, Jacksonville, FL 32246
wy. “AL [.
Nicholas A. Hanley, Attorney- in-Fact
and General Lines P&C Agent
(surety)
APPROVED this 2D day of January, 2024.
FELICIA PITRE
Clerk of the District Courts
Dallas County, Texas
By:
(Ve
DEPURY
SUPERSEDEAS BOND Page 2
(Cause No. DC-22-07776)
CERTIFICATE OF SERVICE
‘This instrument was served in compliance with Rules 21 and 21a of the Texas Rules of Civil
Procedure on the 4 day of January, 2024 as follows:
David M. Diaz Via EMAiL
Jones, Davis & Jackson, PC
15110 N. Dallas Parkway, Suite 300
Dallas, Texas 75248
ATTORNEY FOR PLAINTIFF
_gidetjues
itgucn mitn paweinin)
LU DE. IND Page 3
(Cause Na. DC-22-07776)
POWER OF ATTORNEY
se
INSURANCE
& §-950328
its principal office
KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having
of Florida, pursuant to Article IV, Section 2 of the By-Laws of said Company, to wit:
in the City of Jacksonville, State
shall have the power
"SECTION 2. The board of directors, the president, any vice president, secretary, or the treasurer
behalf of the company and affix the seal
and authority to appoint attorneys-in-fact and to authorize them to execute on
of indemnity or writings obligatory in the nature of a bond,
of the company thereto, bonds, recognizances, contracts
and to remove any such attorneys-in- fact at any time and revoke the power
ecognizance or conditional undertaking
and authority given to them."
does hereby make, constitute and appoint Nicholas A Hanley, William R Hanley, April Reagan its true and lawful Attorney-in-fact, to make,
S-950328 dated January 25, 2024 ,
execute, seal and deliver for and on its behalf, and as its act and deed bond number
on behalf of Southern Solar LLC
in favor of Jesus Hernandez
for Two Hundred Thirty Two Thousand Eight Hundred Nine and 37/100 .
Dollars ($ 232,809.37 )
by the duly authorized
and to bind NGM Insurance Company thereby as fully and to the same extent as iif such instrument was signed
officers of NGM Insurance Company; this act of said Attorney is hereby ratified and confirmed.
resolution adopted by the Directors
This power of attorney is signed and sealed by facsimile under and by the authority of the following
of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977.
may be affixed by facsimile to any
Voted: That the signature of any officer authorized by the By-Laws and the company seal
power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking,
hereby adopted
recognizance or othe! written obligation in the nature thereof; such signature and seal, when so used being
such officer and the original seal of the company, to be valid and binding upon
by the company as the original signature of
the company with the same force and effect as though manually affixed.
by its Assistant Secretary and its
IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed i
corporate seal to be hereto affixed this 24th day of August, 2023
GONDE:
NGM INSURANCE COMPANY By: p Ku Bp
van
Lauren K. Powell
Assistant Secretary
State of Wisconsin,
County of Dane. :
Wisconsin in and for the County of Dane duly
On this 24th day of August, 2023 before the subscriber a Notary Pul blic of State of
commissioned and qualified, came Lauren K. Powell of NGM Insurance Company, to me personally known to be the officer described
instrument , and he acknowledged the executi ion of same, and being by me fully sworn, deposed
herein, and who executed the preceding
instrument is the corporate seal of said
and said that she is an officer of said Company, aforesai 'd: that the seal affixed to the preceding to the said instrumentby the
Company, and the said corporate seal and her signature as officer were duly affixed and subscribed
the said Company ; By-Laws of said Company is now in force.
authority and direction of that Article IV, Section 2 of the
official seal at Madison, Wisconsin this day 24th of August,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed by
Mee
2023
My Commission Expires May 21, 2027
that the above and foregoing is a true and correct copy
I, AndrewRose, Vice President of NGM Insurance Company, do hereby certify
effect. IN WI ITNESS WHEREOF, I have hereunto set my
of a Power of Attorney executed by said Company which is still in force and 2024
Company at Madison, Wisconsin this 25 day of January
hand and affixed the seal of said
Updo re 1923
Vice President
d.
WARNING: Any unauthorized reproduction or alteration of this document is prohibite
TO CONFIRM VALIDITY of the attached bond please call 1-603-354-5281.
NH 03431
TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene,
Attn: Bond Claim Dept.or call our Bond Claim Dept. at 1-603-358-1437
C
O wet
bose
N Y ©
Cuda
Ly ao yz! SR
al
fa
sak
hes
i
=b
."
3
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.
Marty Averill on behalf of Marty Averill
Bar No. 24025231
averillfirm@ gmail.com
Envelope ID: 83933829
Filing Code Description: Miscellanous Event
Filing Description: NOTICE OF AMENDED SUPERSEDEAS BOND
Status as of 1/30/2024 12:02 PM CST
Case Contacts
Name BarNumber | Email TimestampSubmitted Status
Ashley Burch averillfirm.asmith@ gmail.com 1/30/2024 10:39:22 AM SENT
Philip DRacusin eservicehou@ cwlaw.com 1/30/2024 10:39:22 AM SENT
Giao Arnell giao@ arnelllaw.com 1/30/2024 10:39:22 AM SENT
Karin Alonzo kalonzo@ dallascourts.org 1/30/2024 10:39:22 AM SENT
Associated Case Party: SOUTHERN SOLAR, LLC
Name BarNumber | Email TimestampSubmitted | Status
Martin P Averill averillfirm@ gmail.com | 1/30/2024 10:39:22 AM | SENT
Associated Case Party: ) ESUS HERNANDEZ
Name BarNumber | Email TimestampSubmitted | Status
MARCUS FIFER MARCUS@FIFER.LAW | 1/30/2024 10:39:22 AM | SENT
Preview
I 1/30/2024 10:39 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Elizabeth Ferguson DEPUTY CAUSE NO. DC-22-07776 JESUS HERNANDEZ, IN THE DISTRICT COURT Garnishor, Vv. DALLAS COUNTY, TEXAS SOUTHERN SOLAR, LLC AND GOODLEAP, LLC F/K/A PARAMOUNT EQUITY MORTGAGE D/B/A LOANPAL, Garnishee. 95" JUDICIAL DISTRICT AMENDED SUPERSEDEAS BOND (BOND NO: S-950328) Defendant Southern Solar, LLC (“Judgment Debtor”) files this supersedeas bond under the authority of Texas Rule of Appellate Procedure 24.2(a)(1). On December 7, 2023, the 95" Judicial District Court of Dallas County, Texas, signed a judgment in this case docketed under Cause No. DC-22-07776 in favor of Plaintiff Jesus Hernandez (“Plaintiff”) and against Judgment Debtor (the “Judgment”). Judgment Debtor intends to appeal the Judgment rendered in this case to the Court of Appeals, Fifth District of Texas, Dallas, and, if necessary, to the Supreme Court of Texas, and seeks to supersede execution of the Judgment during the appeal. Judgment Debtor, as principal, and NGM Insurance Company, as surety, acknowledge ourselves bound to pay Plaintiff, as oblige, the sum of $232,809.37, which is equal to the sum of compensatory damages awarded in the Judgment and interest for the estimated duration of the appeal; plus costs awarded in the judgment, for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND. The above-named surety is subject to liability for all damages and costs that may be awarded against the principal, the Judgment Debtor — up to the amount of this bond — if: (i) Judgment Debtor does not perfect an appeal and does not perform the trial court’s Judgment; (ii) The appeal is dismissed, and Judgment Debtor does not perform the trial court’s Judgment; or (iii) Judgment Debtor does not perform an adverse judgment final on appeal. SUPERSEDEAS BOND Page | (Cause No. DC-22-07776) In no event shall the surety’s liability exceed the amount stated above. WITNESS our hands this 25" day of January, 2024. BOND NO. S-950328 » LE hill Marti Avérill, as agent for © Southern Solar, LLC (principal & judgment debtor) NGM INSURANCE COMPANY 4601 Touchton Road, Suite 3400, Jacksonville, FL 32246 wy. “AL [. Nicholas A. Hanley, Attorney- in-Fact and General Lines P&C Agent (surety) APPROVED this 2D day of January, 2024. FELICIA PITRE Clerk of the District Courts Dallas County, Texas By: (Ve DEPURY SUPERSEDEAS BOND Page 2 (Cause No. DC-22-07776) CERTIFICATE OF SERVICE ‘This instrument was served in compliance with Rules 21 and 21a of the Texas Rules of Civil Procedure on the 4 day of January, 2024 as follows: David M. Diaz Via EMAiL Jones, Davis & Jackson, PC 15110 N. Dallas Parkway, Suite 300 Dallas, Texas 75248 ATTORNEY FOR PLAINTIFF _gidetjues itgucn mitn paweinin) LU DE. IND Page 3 (Cause Na. DC-22-07776) POWER OF ATTORNEY se INSURANCE & §-950328 its principal office KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having of Florida, pursuant to Article IV, Section 2 of the By-Laws of said Company, to wit: in the City of Jacksonville, State shall have the power "SECTION 2. The board of directors, the president, any vice president, secretary, or the treasurer behalf of the company and affix the seal and authority to appoint attorneys-in-fact and to authorize them to execute on of indemnity or writings obligatory in the nature of a bond, of the company thereto, bonds, recognizances, contracts and to remove any such attorneys-in- fact at any time and revoke the power ecognizance or conditional undertaking and authority given to them." does hereby make, constitute and appoint Nicholas A Hanley, William R Hanley, April Reagan its true and lawful Attorney-in-fact, to make, S-950328 dated January 25, 2024 , execute, seal and deliver for and on its behalf, and as its act and deed bond number on behalf of Southern Solar LLC in favor of Jesus Hernandez for Two Hundred Thirty Two Thousand Eight Hundred Nine and 37/100 . Dollars ($ 232,809.37 ) by the duly authorized and to bind NGM Insurance Company thereby as fully and to the same extent as iif such instrument was signed officers of NGM Insurance Company; this act of said Attorney is hereby ratified and confirmed. resolution adopted by the Directors This power of attorney is signed and sealed by facsimile under and by the authority of the following of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. may be affixed by facsimile to any Voted: That the signature of any officer authorized by the By-Laws and the company seal power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, hereby adopted recognizance or othe! written obligation in the nature thereof; such signature and seal, when so used being such officer and the original seal of the company, to be valid and binding upon by the company as the original signature of the company with the same force and effect as though manually affixed. by its Assistant Secretary and its IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed i corporate seal to be hereto affixed this 24th day of August, 2023 GONDE: NGM INSURANCE COMPANY By: p Ku Bp van Lauren K. Powell Assistant Secretary State of Wisconsin, County of Dane. : Wisconsin in and for the County of Dane duly On this 24th day of August, 2023 before the subscriber a Notary Pul blic of State of commissioned and qualified, came Lauren K. Powell of NGM Insurance Company, to me personally known to be the officer described instrument , and he acknowledged the executi ion of same, and being by me fully sworn, deposed herein, and who executed the preceding instrument is the corporate seal of said and said that she is an officer of said Company, aforesai 'd: that the seal affixed to the preceding to the said instrumentby the Company, and the said corporate seal and her signature as officer were duly affixed and subscribed the said Company ; By-Laws of said Company is now in force. authority and direction of that Article IV, Section 2 of the official seal at Madison, Wisconsin this day 24th of August, IN WITNESS WHEREOF, I have hereunto set my hand and affixed by Mee 2023 My Commission Expires May 21, 2027 that the above and foregoing is a true and correct copy I, AndrewRose, Vice President of NGM Insurance Company, do hereby certify effect. IN WI ITNESS WHEREOF, I have hereunto set my of a Power of Attorney executed by said Company which is still in force and 2024 Company at Madison, Wisconsin this 25 day of January hand and affixed the seal of said Updo re 1923 Vice President d. WARNING: Any unauthorized reproduction or alteration of this document is prohibite TO CONFIRM VALIDITY of the attached bond please call 1-603-354-5281. NH 03431 TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, Attn: Bond Claim Dept.or call our Bond Claim Dept. at 1-603-358-1437 C O wet bose N Y © Cuda Ly ao yz! SR al fa sak hes i =b ." 3 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. Marty Averill on behalf of Marty Averill Bar No. 24025231 averillfirm@ gmail.com Envelope ID: 83933829 Filing Code Description: Miscellanous Event Filing Description: NOTICE OF AMENDED SUPERSEDEAS BOND Status as of 1/30/2024 12:02 PM CST Case Contacts Name BarNumber | Email TimestampSubmitted Status Ashley Burch averillfirm.asmith@ gmail.com 1/30/2024 10:39:22 AM SENT Philip DRacusin eservicehou@ cwlaw.com 1/30/2024 10:39:22 AM SENT Giao Arnell giao@ arnelllaw.com 1/30/2024 10:39:22 AM SENT Karin Alonzo kalonzo@ dallascourts.org 1/30/2024 10:39:22 AM SENT Associated Case Party: SOUTHERN SOLAR, LLC Name BarNumber | Email TimestampSubmitted | Status Martin P Averill averillfirm@ gmail.com | 1/30/2024 10:39:22 AM | SENT Associated Case Party: ) ESUS HERNANDEZ Name BarNumber | Email TimestampSubmitted | Status MARCUS FIFER MARCUS@FIFER.LAW | 1/30/2024 10:39:22 AM | SENT