Preview
Electronically Submitted
2/20/2024 6:03 PM
Hidalgo County Clerk
Accepted by: Brianda Lynette Hernandez
CAUSE NO. CL-23-4409-A
ANA PATRICIA TORRES, INDIVIDUALLY, § COUNTY COURT
AND AS HEIR TO AND REPRESENTATIVE §
OF THE ESTATE OF PEDRO SANCHEZ, §
AND AS NEXT FRIEND OF MINOR, I.T. §
Plaintiffs §
§
VS. § HIDALGO COUNTY, TEXAS
§
BRYON DAVID EVANS §
Defendant § AT LAW NO. 1
AGREED FINAL JUDGMENT
On this the ____ day of ____________________ 2024, came on to be heard the above
styled and numbered cause, and the parties appeared as follows:
(1) Plaintiffs, Ana Patricia Torres, Individually, and as Next Friend of Isaid Valentin,
also known as Isaid Torres (I.T.), a Minor, by and through their attorney, Julian C. Gomez,
The Julian C. Gomez Law Firm, PLLC;
(2) Cynthia Del Bosque, Guardian ad Litem for Minor Plaintiff I.T.;
(2) Defendant Byron David Evans, by and through his attorney, Marlo Schamber,
Walters, Balido & Crain, LLP.
All parties having waived a jury, it was announced in open Court that 21st Century
Centennial Insurance Co., insurer(s) for the Defendant, is agreeable to resolving this matter, in
compromise and settlement of any and all claims, debts, obligations or causes of action of whatever
nature against Defendant, whether known or unknown, which the Plaintiff has or may have in the
future arising out of or in any way relating to injuries of any nature and damages sustained due to
an incident which occurred on June 19, 2018 in Leon County, Texas and/or the events more
particularly described in the pleadings originally filed in Cause No. CL-23-4409-A in the County
Court at Law No. 1 of Hidalgo County, Texas.
1
Electronically Submitted
2/20/2024 6:03 PM
Hidalgo County Clerk
Accepted by: Brianda Lynette Hernandez
The Court having reviewed the pleadings, was of the opinion that there is a potential
conflict of interest between Plaintiffs, Ana Patricia Torres, Individually and as Next Friends of I.T.
Therefore, Cynthia Del Bosque was duly appointed on or about January 5, 2024, as the guardian
ad litem to represent I.T.
The duly appointed guardian ad litem, Cynthia Del Bosque, having investigated the facts
connected with this lawsuit and the nature of the injuries sustained by I.T., and the terms of the
proposed settlement for the benefit of I.T., did, together with the Plaintiffs, announce in open court
that it was in their opinion that the total offer of settlement for $15,000.00 to I.T. was just, fair,
reasonable, acceptable and in the best interest of I.T. and should be approved by the Court.
The Court finds that the guardian ad litem, Cynthia Del Bosque, has acted in the best interest of
I.T. and the actions of the guardian ad litem are ratified and approved.
The Court having heard evidence as to the manner in which said events occurred, out of
which this suit arises, and having inquired carefully into the nature, extent and duration of the
injuries sustained by I.T., is of the opinion that the agreement to fully compromise and settle the
claims of the Minor Plaintiff I.T. for the total sum of $15,000.00 is just, fair and reasonable (in the
best interest of the Minor Plaintiff I.T.) and ought to be approved, and it is so ORDERED.
All parties appeared in person and by and through their attorneys of record and announced
ready for trial. A jury was waived and the parties then announced to the Court that subject to
approval of the Court, a compromise and settlement agreement had been reached as to any and all
issues, claims, demands or causes of action existing between the Plaintiffs and the Defendant,
whereby the Insurer for Defendant is to pay a total settlement amount of FIFTEEN THOUSAND
00/100 Dollars ($15,000.00) in accordance with the terms set forth below.
2
Electronically Submitted
2/20/2024 6:03 PM
Hidalgo County Clerk
Accepted by: Brianda Lynette Hernandez
The Court thereupon called for evidence bearing upon the compromise and settlement
agreement, and, after hearing evidence concerning the material facts regarding the manner in
which the injuries occurred, and all matters pertaining to the alleged liability of the Defendants, as
well as the full nature and extent of all damages sustained by the Plaintiffs and the Minor Child,
and after hearing the recommendation of the Guardian Ad Litem, the Court is of the opinion that
such compromise and settlement agreement is in the best interest of the Minor Plaintiff, and the
Court does hereby approve the compromise and settlement agreement.
It is, therefore, ORDERED, ADJUGED and DECREED that the Plaintiffs and the Minor
Child have and recover from the Insurer of Defendants as follows:
1. The sum of $6,750.00 to The Julian C. Gomez Law Firm, P.L.L.C., IOLTA
Account, their attorney, in full payment of all medical and/or insurance liens,
attorneys’ fees and costs; and
2. $8,250.00 to Independent Assignment Company. to fund the periodic payments to
I.T. through the purchase of an annuity policy issued by Independent Life Insurance
Company. The terms and conditions are set forth in the Compromise Settlement
Agreement which is incorporated herein, but not attached, and approved by the
Court.
The Court further finds and ORDERS and DECREES that all sums set forth herein
constitute damages on account of personal physical injuries arising from an occurrence within the
meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended; it is further,
ORDERED, ADJUDGED and DECREED that the rights to receive Periodic Payments
granted to the minor Plaintiff in this Judgment may not be sold, transferred, hypothecated, pledged,
or otherwise alienated in any manner, directly or indirectly, without the prior approval of the then-
3
Electronically Submitted
2/20/2024 6:03 PM
Hidalgo County Clerk
Accepted by: Brianda Lynette Hernandez
sitting Judge of this Court, as evidenced by an order approving such transaction entered after
compliance with all requirements of the Structured Settlement Protection Act, §§ 141.001, Texas
Civil Practice and Remedies Code, as it now exists or may hereafter be amended, or any successor
to such statute. Any purported or attempted sale, transfer, hypothecation, pledge, or other
alienation of such payment rights that has not been so approved will be a direct violation of this
order; it is further,
It is further, ORDERED, that the sum of $1,500.00 shall be paid by the Defendants to the
Guardian Ad Litem as the fee for that representation, which the Court finds to be a reasonable fee
for the services rendered herein.
It is further ORDERED, ADJUDGED and DECREED that this Judgment having been paid
and satisfied in full, that Plaintiff, Ana Patricia Torres, Individually and as Next Friend of Isaid
Valentin, also known as Isaid Torres (I.T.), take nothing from Defendant named herein.
It is further ORDERED, ADJUDGED and DECREED that the claims of Plaintiff, Ana
Patricia Torres, Individually and as Next Friend of Isaid Valentin, also known as Isaid Torres
(I.T.), a minor, are hereby dismissed with prejudice to the refiling of same.
It is further ORDERED, ADJUDGED and DECREED that all relief which has been sought
herein by any party to this lawsuit which has not been expressly granted herein, is in all things
expressly denied.
This Judgment shall be fully satisfied and discharged in accordance with the terms set forth.
It is further ORDERED, ADJUDGED and DECREED by the Court that court costs shall
be paid by the party incurring the same other than the Guardian ad litems’ fees and expenses as set
forth herein.
This Order disposes of all parties and claims and is final and appealable.
4
Electronically Submitted
2/20/2024 6:03 PM
Hidalgo County Clerk
Accepted by: Brianda Lynette Hernandez
SIGNED this the _______ day of __________________, 2024.
____________________________________
JUDGE PRESIDING
APPROVED AS TO FORM AND SUBSTANCE:
___________________________________
[Attorney for Plaintiffs]
/s/ Marlo Schamber w/ permission JCG
___________________________________
[Attorney for Defendants]
/s/ Cynthia Del Bosque w permission JCG
___________________________________
[Guardian Ad Litem]
5
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.
Julian Gomez on behalf of Julian Gomez
Bar No. 24027326
jcg@jcglf.com
Envelope ID: 84714855
Filing Code Description: Proposed Order
Filing Description: Proposed AGREED FINAL JUDGMENT
Status as of 2/21/2024 9:31 AM CST
Associated Case Party: Bryon David Evans
Name BarNumber Email TimestampSubmitted Status
Marlo Danielle Schamber 24075024 marlo.schamber@wbclawfirm.com 2/20/2024 6:03:57 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Jason Robinson JRobinson@dennbarr.com 2/20/2024 6:03:57 PM SENT
Preview
Electronically Submitted 2/20/2024 6:03 PM Hidalgo County Clerk Accepted by: Brianda Lynette Hernandez CAUSE NO. CL-23-4409-A ANA PATRICIA TORRES, INDIVIDUALLY, § COUNTY COURT AND AS HEIR TO AND REPRESENTATIVE § OF THE ESTATE OF PEDRO SANCHEZ, § AND AS NEXT FRIEND OF MINOR, I.T. § Plaintiffs § § VS. § HIDALGO COUNTY, TEXAS § BRYON DAVID EVANS § Defendant § AT LAW NO. 1 AGREED FINAL JUDGMENT On this the ____ day of ____________________ 2024, came on to be heard the above styled and numbered cause, and the parties appeared as follows: (1) Plaintiffs, Ana Patricia Torres, Individually, and as Next Friend of Isaid Valentin, also known as Isaid Torres (I.T.), a Minor, by and through their attorney, Julian C. Gomez, The Julian C. Gomez Law Firm, PLLC; (2) Cynthia Del Bosque, Guardian ad Litem for Minor Plaintiff I.T.; (2) Defendant Byron David Evans, by and through his attorney, Marlo Schamber, Walters, Balido & Crain, LLP. All parties having waived a jury, it was announced in open Court that 21st Century Centennial Insurance Co., insurer(s) for the Defendant, is agreeable to resolving this matter, in compromise and settlement of any and all claims, debts, obligations or causes of action of whatever nature against Defendant, whether known or unknown, which the Plaintiff has or may have in the future arising out of or in any way relating to injuries of any nature and damages sustained due to an incident which occurred on June 19, 2018 in Leon County, Texas and/or the events more particularly described in the pleadings originally filed in Cause No. CL-23-4409-A in the County Court at Law No. 1 of Hidalgo County, Texas. 1 Electronically Submitted 2/20/2024 6:03 PM Hidalgo County Clerk Accepted by: Brianda Lynette Hernandez The Court having reviewed the pleadings, was of the opinion that there is a potential conflict of interest between Plaintiffs, Ana Patricia Torres, Individually and as Next Friends of I.T. Therefore, Cynthia Del Bosque was duly appointed on or about January 5, 2024, as the guardian ad litem to represent I.T. The duly appointed guardian ad litem, Cynthia Del Bosque, having investigated the facts connected with this lawsuit and the nature of the injuries sustained by I.T., and the terms of the proposed settlement for the benefit of I.T., did, together with the Plaintiffs, announce in open court that it was in their opinion that the total offer of settlement for $15,000.00 to I.T. was just, fair, reasonable, acceptable and in the best interest of I.T. and should be approved by the Court. The Court finds that the guardian ad litem, Cynthia Del Bosque, has acted in the best interest of I.T. and the actions of the guardian ad litem are ratified and approved. The Court having heard evidence as to the manner in which said events occurred, out of which this suit arises, and having inquired carefully into the nature, extent and duration of the injuries sustained by I.T., is of the opinion that the agreement to fully compromise and settle the claims of the Minor Plaintiff I.T. for the total sum of $15,000.00 is just, fair and reasonable (in the best interest of the Minor Plaintiff I.T.) and ought to be approved, and it is so ORDERED. All parties appeared in person and by and through their attorneys of record and announced ready for trial. A jury was waived and the parties then announced to the Court that subject to approval of the Court, a compromise and settlement agreement had been reached as to any and all issues, claims, demands or causes of action existing between the Plaintiffs and the Defendant, whereby the Insurer for Defendant is to pay a total settlement amount of FIFTEEN THOUSAND 00/100 Dollars ($15,000.00) in accordance with the terms set forth below. 2 Electronically Submitted 2/20/2024 6:03 PM Hidalgo County Clerk Accepted by: Brianda Lynette Hernandez The Court thereupon called for evidence bearing upon the compromise and settlement agreement, and, after hearing evidence concerning the material facts regarding the manner in which the injuries occurred, and all matters pertaining to the alleged liability of the Defendants, as well as the full nature and extent of all damages sustained by the Plaintiffs and the Minor Child, and after hearing the recommendation of the Guardian Ad Litem, the Court is of the opinion that such compromise and settlement agreement is in the best interest of the Minor Plaintiff, and the Court does hereby approve the compromise and settlement agreement. It is, therefore, ORDERED, ADJUGED and DECREED that the Plaintiffs and the Minor Child have and recover from the Insurer of Defendants as follows: 1. The sum of $6,750.00 to The Julian C. Gomez Law Firm, P.L.L.C., IOLTA Account, their attorney, in full payment of all medical and/or insurance liens, attorneys’ fees and costs; and 2. $8,250.00 to Independent Assignment Company. to fund the periodic payments to I.T. through the purchase of an annuity policy issued by Independent Life Insurance Company. The terms and conditions are set forth in the Compromise Settlement Agreement which is incorporated herein, but not attached, and approved by the Court. The Court further finds and ORDERS and DECREES that all sums set forth herein constitute damages on account of personal physical injuries arising from an occurrence within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended; it is further, ORDERED, ADJUDGED and DECREED that the rights to receive Periodic Payments granted to the minor Plaintiff in this Judgment may not be sold, transferred, hypothecated, pledged, or otherwise alienated in any manner, directly or indirectly, without the prior approval of the then- 3 Electronically Submitted 2/20/2024 6:03 PM Hidalgo County Clerk Accepted by: Brianda Lynette Hernandez sitting Judge of this Court, as evidenced by an order approving such transaction entered after compliance with all requirements of the Structured Settlement Protection Act, §§ 141.001, Texas Civil Practice and Remedies Code, as it now exists or may hereafter be amended, or any successor to such statute. Any purported or attempted sale, transfer, hypothecation, pledge, or other alienation of such payment rights that has not been so approved will be a direct violation of this order; it is further, It is further, ORDERED, that the sum of $1,500.00 shall be paid by the Defendants to the Guardian Ad Litem as the fee for that representation, which the Court finds to be a reasonable fee for the services rendered herein. It is further ORDERED, ADJUDGED and DECREED that this Judgment having been paid and satisfied in full, that Plaintiff, Ana Patricia Torres, Individually and as Next Friend of Isaid Valentin, also known as Isaid Torres (I.T.), take nothing from Defendant named herein. It is further ORDERED, ADJUDGED and DECREED that the claims of Plaintiff, Ana Patricia Torres, Individually and as Next Friend of Isaid Valentin, also known as Isaid Torres (I.T.), a minor, are hereby dismissed with prejudice to the refiling of same. It is further ORDERED, ADJUDGED and DECREED that all relief which has been sought herein by any party to this lawsuit which has not been expressly granted herein, is in all things expressly denied. This Judgment shall be fully satisfied and discharged in accordance with the terms set forth. It is further ORDERED, ADJUDGED and DECREED by the Court that court costs shall be paid by the party incurring the same other than the Guardian ad litems’ fees and expenses as set forth herein. This Order disposes of all parties and claims and is final and appealable. 4 Electronically Submitted 2/20/2024 6:03 PM Hidalgo County Clerk Accepted by: Brianda Lynette Hernandez SIGNED this the _______ day of __________________, 2024. ____________________________________ JUDGE PRESIDING APPROVED AS TO FORM AND SUBSTANCE: ___________________________________ [Attorney for Plaintiffs] /s/ Marlo Schamber w/ permission JCG ___________________________________ [Attorney for Defendants] /s/ Cynthia Del Bosque w permission JCG ___________________________________ [Guardian Ad Litem] 5 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. Julian Gomez on behalf of Julian Gomez Bar No. 24027326 jcg@jcglf.com Envelope ID: 84714855 Filing Code Description: Proposed Order Filing Description: Proposed AGREED FINAL JUDGMENT Status as of 2/21/2024 9:31 AM CST Associated Case Party: Bryon David Evans Name BarNumber Email TimestampSubmitted Status Marlo Danielle Schamber 24075024 marlo.schamber@wbclawfirm.com 2/20/2024 6:03:57 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Jason Robinson JRobinson@dennbarr.com 2/20/2024 6:03:57 PM SENT