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Electronically Submitted
3/25/2024 12:00 AM
Hidalgo County Clerk
Accepted by: Alejandra Lara
CL-24-1323-H
CAUSE NO.____________
DEBORAH CROUCH § IN THE COUNTY COURT
Plaintiff, §
§
vs. § AT LAW NO. ______
§
GARRISON PROPERTY AND CASUALTY §
INSURANCE COMPANY §
Defendant. § HIDALGO COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, DEBORAH CROUCH (hereinafter referred to as (“PLAINTIFF”), and
files her Original Petition against DEFENDANT, GARRISON PROPERTY AND CASUALTY
INSURANCE COMPANY, and would respectfully show the Court the following:
I. Discovery
Pursuant to Rule 47 of the Texas Rules of Civil Procedure, PLAINTIFF seeks damages
of monetary relief of $250,000 or less. PLAINTIFF intends to conduct discovery in accordance
with the applicable rules of the Texas Rules of Civil Procedure.
II. Service of Process
GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, may be served
with process by serving citation and a copy of this Original Petition by Certified Mail Return
Receipt Requested on its agent for service at:
Corporation Service Company, 211 E 7th St, Ste 620, Austin, TX 78701-3218
GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY is in the
business of providing insurance in the State of Texas. The insurance business done by
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Hidalgo County Clerk
Accepted by: Alejandra Lara
CL-24-1323-H
GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY in Texas includes, but
is not limited to the following:
1. The making and issuing of contracts of insurance with the PLAINTIFF;
2. The taking or receiving of application for insurance, including the PLAINTIFF’S
application for insurance;
3. The receiving or collection of premiums, commissions, membership fees,
assessments, dues or other consideration for any insurance or any part thereof,
including any such consideration or payments from the PLAINTIFF;
4. The issuance or delivery of contracts of insurance to residents of this state or a
person authorized to do business in this state, including the PLAINTIFF;
5. The adjusting and inspection of PLAINTIFF’S insurance claims;
6. Making insurance coverage decisions;
7. Taking part in making insurance coverage decisions; and
8. Making representations to PLAINTIFF as being an agent for an insurance company
with authority to make coverage decisions;
III. Jurisdiction and Venue
Venue of this action is proper in HIDALGO County, Texas because: the policy at issue
was issued and delivered in HIDALGO County, Texas; the property insured is situated in
HIDALGO County, Texas; PLAINTIFF’S losses occurred in HIDALGO County, Texas, and all
or part of the events made the basis of this lawsuit and giving rise to PLAINTIFF’S claims and
causes of action occurred in HIDALGO County, Texas.
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Hidalgo County Clerk
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CL-24-1323-H
IV. Facts
GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY and/or its
agents committed the actions alleged against PLAINTIFF in this petition. PLAINTIFF owns the
property located at: 2918 N Shary Rd, Mission, Texas 78574-1961 with Policy #
045641594/90A; Claim # 045641594. GARRISON PROPERTY AND CASUALTY
INSURANCE COMPANY provided coverage to the PLAINTIFF for such building, personal
property, and other matter. During the term of said policy, PLAINTIFF sustained covered losses
in the form of a hail and windstorm event, on or about April 21, 2023, in HIDALGO County, and
water damages resulting therefrom, including damage to the architectural finishes of the
property. PLAINTIFF promptly reported losses to GARRISON PROPERTY AND CASUALTY
INSURANCE COMPANY pursuant to the terms of the insurance policy. As a result,
PLAINTIFF’S property sustained damage, including the cost of destruction and restoration of
the property necessary to access and fix the damaged areas. These are covered damages under
PLAINTIFF’S insurance policy with GARRISON PROPERTY AND CASUALTY
INSURANCE COMPANY. PLAINTIFF has been damaged in an amount in excess of the
minimum jurisdictional limits of this Court, including injuries sustained as a result of having
conduct business during the pendency of GARRISON PROPERTY AND CASUALTY
INSURANCE COMPANY'S conduct.
V. Conditions Precedent
All conditions precedent have been waived by the insurance company, have been
performed by Plaintiff, or have otherwise been satisfied. Despite these facts, GARRISON
PROPERTY AND CASUALTY INSURANCE COMPANY has failed and refused to pay
PLAINTIFF a just amount in accordance with their contractual obligations, agreements, and
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Hidalgo County Clerk
Accepted by: Alejandra Lara
CL-24-1323-H
representations. Moreover, Defendant’s claims that Plaintiff did not comply with the contract are
barred by waiver, based on Defendant’s breach and noncompliance with the material terms of the
insurance contract. Generally, when one party to contract commits material breach, the other
party is discharged or excused from further performance. Mustang Pipeline Co., Inc. v. Driver
Pipeline Co. Inc., 134 S.W.3d 195, 196 (Tex. 2004).
VI. Breach of Contract
PLAINTIFF purchased an insurance policy with GARRISON PROPERTY AND
CASUALTY INSURANCE COMPANY. PLAINTIFF’S property was damaged by the hail,
windstorm, and water damage, all of which are covered under the insurance policy. GARRISON
PROPERTY AND CASUALTY INSURANCE COMPANY has denied and/or delayed payment
of PLAINTIFF’S covered claims. GARRISON PROPERTY AND CASUALTY INSURANCE
COMPANY has no reasonable basis for denying, delaying, or failing to pay PLAINTIFF’S
claims for damages. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY
knew or should have known that there was no such reasonable basis to deny, delay, and fail to
pay such claims. The conduct of GARRISON PROPERTY AND CASUALTY INSURANCE
COMPANY was irresponsible and unconscionable. GARRISON PROPERTY AND
CASUALTY INSURANCE COMPANY took advantage of the PLAINTIFF’S lack of
sophistication in insurance and construction matters to a grossly unfair degree. GARRISON
PROPERTY AND CASUALTY INSURANCE COMPANY has, by its conduct, breached its
contract with the PLAINTIFF. The conduct of GARRISON PROPERTY AND CASUALTY
INSURANCE COMPANY has proximately caused the injuries and damages to the PLAINTIFF.
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Hidalgo County Clerk
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VII. Second Cause of Action: DTPA Violations
PLAINTIFF is a “consumer” entitled to relief under the Texas Deceptive Trade
Practices—Consumer Protection Act (“DTPA”). By its conduct outlined above, GARRISON
PROPERTY AND CASUALTY INSURANCE COMPANY has engaged in the following
violations of the DTPA which, together and separately, have been a producing cause of
PLAINTIFF’S damages:
(a) GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY made false
representations about PLAINTIFF’S rights, remedies, and obligations under the policies
at issue. These statements were a misrepresentation of the insurance policies and their
benefits in violation of §§17.46(b)(5), (7), (12) and (14), Texas Business & Commerce
Code;
(b) GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY’S actions
constitute an unconscionable course of conduct entitling PLAINTIFF to relief under
§17.50(a)(1), (2), (3), and (4) of the Texas Business & Commerce Code;
(c) GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY failed to
disclose information to PLAINTIFF concerning the nature and extent of their insurance
policy, which was known by GARRISON PROPERTY AND CASUALTY
INSURANCE COMPANY at the time for the purpose of inducing PLAINTIFF into
transactions which she would not have otherwise entered in violation of section
17.46(b)(9) and (23), Texas Business and Commerce Code;
(d) As described above, GARRISON PROPERTY AND CASUALTY INSURANCE
COMPANY violated Chapter 541, Texas Insurance Code, entitling PLAINTIFF to relief
under section 17.50(a)(4), Texas Business and Commerce Code.
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Hidalgo County Clerk
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CL-24-1323-H
GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY took
advantage of PLAINTIFF’S lack of knowledge in construction and insurance claims processes,
misrepresented losses covered under the insurance policy, and failed to disclose pertinent
information regarding damages to the PLAINTIFF’S property. GARRISON PROPERTY AND
CASUALTY INSURANCE COMPANY conduct as described herein was a producing cause of
damages to PLAINTIFF for which PLAINTIFF sues. The conduct of the GARRISON
PROPERTY AND CASUALTY INSURANCE COMPANY was more than just a mistake, and
was done “knowingly” and/or “intentionally,” as those terms are derived by statute. Because of
that, GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY may be subject to
liability for additional damages under the Texas Deceptive Trade Practices Act. PLAINTIFF
seeks an award of additional damages under the DTPA in an amount not to exceed three times
the amount of economic damages.
VIII. Unfair Insurance Practices
GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY failed to inform
PLAINTIFF of material facts, such as the true scope of damage and cost to repair. GARRISON
PROPERTY AND CASUALTY INSURANCE COMPANY failed to properly process claims
and have misrepresented material facts to the PLAINTIFF. GARRISON PROPERTY AND
CASUALTY INSURANCE COMPANY has failed to address all damage to the property and its
contents causing further damage to the PLAINTIFF. Further, GARRISON PROPERTY AND
CASUALTY INSURANCE COMPANY has intentionally failed to fully investigate the loss;
failed to properly convey all information to PLAINTIFF; and has intentionally ignored damages
to the dwelling. PLAINTIFF’S property suffered from covered losses and damages of which
GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY is fully aware.
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Electronically Submitted
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Hidalgo County Clerk
Accepted by: Alejandra Lara
CL-24-1323-H
GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY has concealed damage
known by it to exist. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY
has known about covered hail, windstorm, and water damages but has failed to perform proper
testing and concealed facts from PLAINTIFF about the damages, ignoring PLAINTIFF’S plea
for help. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY has failed to
warn PLAINTIFF of consequential damage to their property.
By its conduct outlined above, GARRISON PROPERTY AND CASUALTY
INSURANCE COMPANY committed unfair practices in the business of insurance prohibited by
Chapter 541, Texas Insurance Code, and the statutes, rules and regulations incorporated therein.
GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY committed the
following acts in violation of Texas Insurance Code and Texas Administrative Code:
(1) GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY failed to, with
good faith, effectuate a prompt, fair, and equitable settlement of the PLAINTIFF’S
claims once liability became reasonable clear (Tex. Ins. Code Ann. 541.060(a)(2)(A);
Tex. Ins. Code Ann. 542.003(b)(4); 28 TAC section 21.203(4));
(2) GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY failed to
provide promptly to PLAINTIFF a reasonable explanation of the basis in the policy, in
relation to the facts or applicable law, for denial of the claim or for the offer of a
compromise settlement of the claim (Tex. Ins. Code Ann. 541.060(a)(3); 28 TAC section
21.203(9));
(3) GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY refused to pay
a claim without conducting a reasonable investigation with respect to that claim (Tex.
Ins. Code Ann. 541.060(a)(7); TAC section 21.203(15));
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Hidalgo County Clerk
Accepted by: Alejandra Lara
CL-24-1323-H
(4) GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY breached its
duty of good faith and fair dealing at common law;
(5) GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY failed to adopt
and implement reasonable standards for the prompt investigation of claims arising under
the insurer’s policies (Tex. Ins. Code Ann. 542. 003(b)(3); 28 TAC section 21.203(3));
(6) GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY compelled
PLAINTIFF to institute a suit to recover an amount due under a policy by offering
substantially less than the amount ultimately recovered in a suit brought by the
policyholder (Tex. Ins. Code Ann. 542.003(b)(5); 28 TAC section 21.203(6);
(7) GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY violated the
Prompt Payment of Claims Statute (28 TAC section 21.203(18));
(8) GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY committed the
following unfair methods of competition or deceptive acts or practices in the business of
insurance in violation of Texas Insurance Code and the Texas Administrative Code by:
(a) GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY made,
issued or circulated or caused to be made, issued or circulated an estimate,
illustration, circular or statement misrepresenting with respect to the policy issued
or to be issued:
(i) the terms of the policy; and/or
(ii) the benefits or advantages promised by the policy.
(b) GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY made
an untrue statement of material fact (Tex. Ins. Code Ann. 541.060(a)(1); 28 TAC
section 21.203(1));
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Electronically Submitted
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Hidalgo County Clerk
Accepted by: Alejandra Lara
CL-24-1323-H
(c) GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY failed
to state a material fact necessary to make other statements made not misleading,
considering the circumstances under which statements were made; and
(d) GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY made
statements in a manner that would mislead a reasonably prudent person to a false
conclusion of material fact.
(e) GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY refused
to make a settlement offer under applicable first-party coverage on the basis that
other coverage may be available or that third parties are responsible for the
damages suffered, except as may be specifically provided in the policy (Tex. Ins.
Code Ann 541.060(a)(5); 28 TAC section 21.203(11);
GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY’S conduct as
described herein was a producing cause of damages to PLAINTIFF, for which she now sues.
IX. Breach of the Duty of Good Faith and Fair Dealing
From and after the time the PLAINTIFF’S claims were presented to GARRISON
PROPERTY AND CASUALTY INSURANCE COMPANY, liability to pay the claims in
accordance with the terms of insurance policies referenced above has been reasonably clear.
Despite there being no basis whatsoever on which a reasonable insurance company would have
relied to deny and/or delay payment for PLAINTIFF’S claims, GARRISON PROPERTY AND
CASUALTY INSURANCE COMPANY refused to accept the claims in totality and pay the
PLAINTIFF as the policy required. At that time, GARRISON PROPERTY AND CASUALTY
INSURANCE COMPANY knew or should have known by the exercise of reasonable diligence
that their liability was reasonably clear. GARRISON PROPERTY AND CASUALTY
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Electronically Submitted
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Hidalgo County Clerk
Accepted by: Alejandra Lara
CL-24-1323-H
INSURANCE COMPANY failed to conduct a reasonable and proper inspection of the claims
and refused to rely on the true facts, resorting instead to producing faulty, incomplete, and biased
reasons to avoid paying a valid claim. This constitutes failing to handle or process the
PLAINTIFF’S claims in good faith, an affirmative duty placed on GARRISON PROPERTY
AND CASUALTY INSURANCE COMPANY, as expressly stated by the Texas Supreme Court
in Vail v. Texas Farm Bureau, 754 S.W.2d 129 at 135 (Tex. 1988). Through the actions
described above, GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY
breached its duty to deal fairly and in good faith with the PLAINTIFF. GARRISON PROPERTY
AND CASUALTY INSURANCE COMPANY’S breach was a proximate cause of the losses,
expenses and damages suffered by the PLAINTIFF, for which she sues.
X. Texas Insurance Code 542, Subchapter B Delay in Payment
PLAINTIFF gave prompt notice of their claims to GARRISON PROPERTY AND
CASUALTY INSURANCE COMPANY. GARRISON PROPERTY AND CASUALTY
INSURANCE COMPANY has engaged in unfair settlement claims practices, as discussed above
and denied and/or has delayed payment on PLAINTIFF’S claim. GARRISON PROPERTY
AND CASUALTY INSURANCE COMPANY’S reliance on reports and estimates from its
adjusters and investigating adjusters has been “merely pretextual” and unreasonable.
GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY’S investigation and
use of adjusters’ reports was an “outcome-oriented” investigation. GARRISON PROPERTY
AND CASUALTY INSURANCE COMPANY failed to comply with the requirements of
Chapter 542 listed herein:
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Hidalgo County Clerk
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CL-24-1323-H
(a) Failing to pay PLAINTIFF’S claim within 60 days of receiving all of the items,
statements, and forms required by the insurer to secure final proof of loss, of the
acceptance or rejection of a claim; and
(b) Failing to request all of the items, statements and forms the GARRISON
PROPERTY AND CASUALTY INSURANCE COMPANY reasonably believed
at the time would be required from PLAINTIFF to pay the claim within 15 days
after receiving notice of the claim.
Pursuant to Texas Insurance Code Chapter 542, Subchapter B, PLAINTIFF is entitled to
recover from GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY the
statutory penalty of 5% plus the interest rate determined under Section 304.003, Finance Code,
on all amounts due on PLAINTIFF’S claims, together with attorney’s fees, for which she sues.
XI.
PLAINTIFF alleges that as to any terms, conditions, notices, or requests under the
insurance contract, PLAINTIFF has substantially complied and/or is excused. In the alternative,
PLAINTIFF makes the allegation of waiver and/or estoppel as to every defense or exclusion
plead by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY as to any
exclusion, condition, or defense pled by GARRISON PROPERTY AND CASUALTY
INSURANCE COMPANY, PLAINTIFF would show that:
1. The clear and unambiguous language of the policy provides coverage for dwelling
damage caused by hail, windstorm, and water damage, including the cost of
access to fix the damaged areas. Any other construction of the language of the
policy is void as against public policy;
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Electronically Submitted
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Hidalgo County Clerk
Accepted by: Alejandra Lara
CL-24-1323-H
2. Any other construction and its use by GARRISON PROPERTY AND
CASUALTY INSURANCE COMPANY violates section 541 and 542 of the
Texas Insurance Code and are void as against public policy;
3. Any other construction violates Art. 17.50 of the Texas Business and Commerce
Code, is unconscionable, was procured by fraudulent inducement, and is void as
against public policy;
4. Any other construction is otherwise void as against public policy, illegal, and
violates state law and administrative rule and regulation;
5. The adoption of any other construction constitutes wrongful or bad faith
cancellation and/or refusal to renew a portion of PLAINTIFF’S predecessor
policy with GARRISON PROPERTY AND CASUALTY INSURANCE
COMPANY. In this regard, PLAINTIFF would show that her insurance policy
was renewed uninterruptedly for many years; and
6. The adoption of any other construction constitutes conduct in violation of the laws
of this state, including section 541 and 542 of Texas Insurance Code is void as
against public policy.
If this Court finds any ambiguity in the policy, the rules of construction of such policies
mandate the construction and interpretation urged by PLAINTIFF. In the alternative,
GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY is judicially,
administratively, or equitably estopped from denying PLAINTIFF’S construction of the policy
coverage at issue. To the extent that the wording of such policy does not reflect the true intent of
all parties thereto, PLAINTIFF pleads the doctrine of mutual mistake, thus requiring
reformation.
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Electronically Submitted
3/25/2024 12:00 AM
Hidalgo County Clerk
Accepted by: Alejandra Lara
CL-24-1323-H
XII. Exemplary Damages
Plaintiff would further show that the acts and omissions of Defendant and its agents,
adjusters, employees and/or representatives complained of herein were committed knowingly,
willfully, intentionally, with actual awareness, and with the specific and predetermined intention
of enriching said Defendant at the expense of the Plaintiff. In order to punish said Defendant for
such unconscionable overreaching and to deter such actions and/or omissions in the future,
Plaintiff requests exemplary damages pursuant to 17.50(b)(1) of the Texas Business and
Commerce Code and § 541.152(b) of the Tex. Ins. Code.
XIII.
WHEREFORE, PREMISES CONSIDERED, PLAINTIFF respectfully requests this
Honorable Court for the following relief: That upon final hearing and trial hereof, this Honorable
Court grant to the PLAINTIFF such relief as to which she may show herself justly entitled, either
at law or in equity; either general or special, including declaratory judgment, judgment against
the GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY for actual
attorney’s fees, cost of suit, mental anguish, DTPA violations, Texas insurance code violations,
statutory penalties, and pre-judgment and post-judgment interest, including judgment for
additional damages and punitive damage under the facts set forth in this or any amended
pleading in exceeding the minimal jurisdictional limits of the court.
XIV. Jury Demand
PLAINTIFF requests that this Court empanel a jury to sit in the trial of this matter. The
requisite jury fee will be paid as required by law.
XV. Required Disclosures
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Electronically Submitted
3/25/2024 12:00 AM
Hidalgo County Clerk
Accepted by: Alejandra Lara
CL-24-1323-H
Under Texas Rule of Civil Procedure 194, PLAINTIFF requests that GARRISON
PROPERTY AND CASUALTY INSURANCE COMPANY disclose, within 30 days of filings
its answer, the information or material described in Texas Rule of Civil Procedure 194.
Respectfully submitted,
/s/ Omar Ochoa
Omar Ochoa
Tex. Bar No. 24079813
OMAR OCHOA LAW FIRM PC
121 N. 10th Street
McAllen, Texas 78501
Tel: (956) 630-3266
oochoa@omarochoalaw.com
/s/ Victor Rodriguez Jr.
Victor Rodriguez Jr.
Tex. Bar No. 24041809
VICTOR RODRIGUEZ LAW FIRM PLLC
121 N. 10th Street
McAllen, Texas 78501
Tel: (956) 630-3266
victor@vrodriguezlaw.com
ATTORNEYS FOR PLAINTIFF
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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.
Robert Ramos on behalf of Omar Ochoa
Bar No. 24079813
rramos@omarochoalaw.com
Envelope ID: 85889677
Filing Code Description: Petition
Filing Description:
Status as of 3/25/2024 7:41 AM CST
Associated Case Party: DeborahCrouch
Name BarNumber Email TimestampSubmitted Status
Sabrina Vela svela@omarochoalaw.com 3/23/2024 10:45:46 AM SENT
Alexis Saenz asaenz@omarochoalaw.com 3/23/2024 10:45:46 AM SENT
Renee Rosillo rrosillo@omarochoalaw.com 3/23/2024 10:45:46 AM SENT
Victor Rodriguez Victor@vrodriguezlaw.com 3/23/2024 10:45:46 AM SENT
Robert Ramos rramos@omarochoalaw.com 3/23/2024 10:45:46 AM SENT
Omar Ochoa oochoa@omarochoalaw.com 3/23/2024 10:45:46 AM SENT