On July 13, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Area Design And Construction, L.L.C.,
and
Lopez, Fernando,
for Contract - Other Contract (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
3/6/2024 11:56 AM
Hidalgo County District Clerks
Reviewed By: Jeremy Longoria
CAUSE NO. C-2778-23-I
AREA DESIGN AND § IN THE DISTRICT COURT
CONSTRUCTION, L.L.C. §
§
v. § 398th JUDICIAL DISTRICT
§
FERNANDO LOPEZ § HIDALGO COUNTY, TEXAS
______________________________________________________________________________
DEFENDANT FERNANDO LOPEZ’S
MOTION TO LIFT ABATEMENT
______________________________________________________________________________
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Fernando Lopez, Defendant in the above numbered and styled cause, and
files this Motion to Lift Abatement, and in support thereof would respectfully show the following:
I. MOTION TO LIFT ABATEMENT
On or about October 18, 2023, the Court granted Defendant Fernando Lopez’s Motion to
Abate and Motion to Compel Arbitration. Thereafter, Defendant Fernando Lopez initiated
arbitration proceedings with the American Arbitration Association (“AAA”). On February 6, 7,
and 13, 2024, the parties participated in the Final Hearing conducted pursuant to the AAA.
Attached to this Motion as Exhibit “A” is a true and correct copy of the Final Award entered by
the Arbitrator – Paula Fisher Baldwin, Esq. – dated March 6, 2024. 1 The Final Award reflects the
arbitration has been completed. Defendant Fernando Lopez respectfully requests the Court lift the
stay, which was in place to permit the parties to proceed to arbitration.
1
Exhibit A – Final Award.
1
Electronically Filed
3/6/2024 11:56 AM
Hidalgo County District Clerks
Reviewed By: Jeremy Longoria
II. PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant Fernando Lopez prays this
Honorable Court grant this Motion to Lift Abatement. Additionally, Defendant Fernando Lopez
prays for all other relief, both general and special, at law or in equity, to which he may be justly
entitled.
Respectfully Submitted,
Hamilton & Lucio, P.C.
/s/ Bryant Touchy
Erick L. Lucio
Texas Bar No. 24047312
Email: elucio@hamiltonlucio.com
Bryant Touchy
Texas Bar No. 24093270
Email: btouchy@hamiltonlucio.com
805 Old Port Isabel Road
Brownsville, Texas 78521
Tel: 956-504-5500
Fax: 956-504-3866
&
/s/ Rodolfo Canche, Jr.
Rodolfo Canché, Jr.
Texas Bar No. 24040635
CANCHÉ LAW
135 Paseo Del Prado, Ste. 23
Edinburg, Texas 78539
Tel. (956) 377-0187
Fax. (956) 750-7060
Email: rudycanche@canchelaw.com
ATTORNEYS FOR
FERNANDO LOPEZ
2
Electronically Filed
3/6/2024 11:56 AM
Hidalgo County District Clerks
Reviewed By: Jeremy Longoria
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this pleading was served via E-mail and/or
E-File Service upon all counsel of record on this the 6th day of March, 2024.
/s/ Bryant Touchy
Erick L. Lucio
Bryant Touchy
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.
Rebecca Garcia on behalf of Bryant Touchy
Bar No. 24093270
rgarcia@hamiltonlucio.com
Envelope ID: 85254802
Filing Code Description: Motion (No Fee)
Filing Description: Defendant Fernando Lopez's Motion to Lift Abatement
Status as of 3/6/2024 11:59 AM CST
Associated Case Party: Area Design and Construction, L.L.C.
Name BarNumber Email TimestampSubmitted Status
Bobby Garcia litigation@bobbygarcia.com 3/6/2024 11:56:09 AM SENT
Associated Case Party: Fernando Lopez
Name BarNumber Email TimestampSubmitted Status
Rodolfo RudyCanche rudycanche@canchelaw.com 3/6/2024 11:56:09 AM SENT
Pam Munoz pam@canchelaw.com 3/6/2024 11:56:09 AM SENT
Erick Lucio elucio@hamiltonlucio.com 3/6/2024 11:56:09 AM SENT
Bryant Touchy btouchy@hamiltonlucio.com 3/6/2024 11:56:09 AM SENT
Rebecca Garcia rgarcia@hamiltonlucio.com 3/6/2024 11:56:09 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
BOBBY GARCIA BGARCIA@BOBBYGARCIA.COM 3/6/2024 11:56:09 AM SENT
Document Filed Date
March 06, 2024
Case Filing Date
July 13, 2023
Category
Contract - Other Contract (OCA)
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Preview
Electronically Filed 3/6/2024 11:56 AM Hidalgo County District Clerks Reviewed By: Jeremy Longoria CAUSE NO. C-2778-23-I AREA DESIGN AND § IN THE DISTRICT COURT CONSTRUCTION, L.L.C. § § v. § 398th JUDICIAL DISTRICT § FERNANDO LOPEZ § HIDALGO COUNTY, TEXAS ______________________________________________________________________________ DEFENDANT FERNANDO LOPEZ’S MOTION TO LIFT ABATEMENT ______________________________________________________________________________ TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Fernando Lopez, Defendant in the above numbered and styled cause, and files this Motion to Lift Abatement, and in support thereof would respectfully show the following: I. MOTION TO LIFT ABATEMENT On or about October 18, 2023, the Court granted Defendant Fernando Lopez’s Motion to Abate and Motion to Compel Arbitration. Thereafter, Defendant Fernando Lopez initiated arbitration proceedings with the American Arbitration Association (“AAA”). On February 6, 7, and 13, 2024, the parties participated in the Final Hearing conducted pursuant to the AAA. Attached to this Motion as Exhibit “A” is a true and correct copy of the Final Award entered by the Arbitrator – Paula Fisher Baldwin, Esq. – dated March 6, 2024. 1 The Final Award reflects the arbitration has been completed. Defendant Fernando Lopez respectfully requests the Court lift the stay, which was in place to permit the parties to proceed to arbitration. 1 Exhibit A – Final Award. 1 Electronically Filed 3/6/2024 11:56 AM Hidalgo County District Clerks Reviewed By: Jeremy Longoria II. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant Fernando Lopez prays this Honorable Court grant this Motion to Lift Abatement. Additionally, Defendant Fernando Lopez prays for all other relief, both general and special, at law or in equity, to which he may be justly entitled. Respectfully Submitted, Hamilton & Lucio, P.C. /s/ Bryant Touchy Erick L. Lucio Texas Bar No. 24047312 Email: elucio@hamiltonlucio.com Bryant Touchy Texas Bar No. 24093270 Email: btouchy@hamiltonlucio.com 805 Old Port Isabel Road Brownsville, Texas 78521 Tel: 956-504-5500 Fax: 956-504-3866 & /s/ Rodolfo Canche, Jr. Rodolfo Canché, Jr. Texas Bar No. 24040635 CANCHÉ LAW 135 Paseo Del Prado, Ste. 23 Edinburg, Texas 78539 Tel. (956) 377-0187 Fax. (956) 750-7060 Email: rudycanche@canchelaw.com ATTORNEYS FOR FERNANDO LOPEZ 2 Electronically Filed 3/6/2024 11:56 AM Hidalgo County District Clerks Reviewed By: Jeremy Longoria CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this pleading was served via E-mail and/or E-File Service upon all counsel of record on this the 6th day of March, 2024. /s/ Bryant Touchy Erick L. Lucio Bryant Touchy 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. Rebecca Garcia on behalf of Bryant Touchy Bar No. 24093270 rgarcia@hamiltonlucio.com Envelope ID: 85254802 Filing Code Description: Motion (No Fee) Filing Description: Defendant Fernando Lopez's Motion to Lift Abatement Status as of 3/6/2024 11:59 AM CST Associated Case Party: Area Design and Construction, L.L.C. Name BarNumber Email TimestampSubmitted Status Bobby Garcia litigation@bobbygarcia.com 3/6/2024 11:56:09 AM SENT Associated Case Party: Fernando Lopez Name BarNumber Email TimestampSubmitted Status Rodolfo RudyCanche rudycanche@canchelaw.com 3/6/2024 11:56:09 AM SENT Pam Munoz pam@canchelaw.com 3/6/2024 11:56:09 AM SENT Erick Lucio elucio@hamiltonlucio.com 3/6/2024 11:56:09 AM SENT Bryant Touchy btouchy@hamiltonlucio.com 3/6/2024 11:56:09 AM SENT Rebecca Garcia rgarcia@hamiltonlucio.com 3/6/2024 11:56:09 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status BOBBY GARCIA BGARCIA@BOBBYGARCIA.COM 3/6/2024 11:56:09 AM SENT