Motion-Secondary: IN THE MATTER OF THE MARRIAGE OF ELVIA HERNANDEZ AND JOSE BENITEZ; AND IN THE INTEREST OF A.M.B. AND Y.E.M.B., CHILDREN

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                                Electronically Filed

4/13/2020 11:56 AM

Penny Clarkston, Smith County District Clerk
Reviewed By: J ulie Kester

Natalie Fletcher __ a

Attorney at Law 731 S. Vine St.
Tyler, TX 75701

Tel. 903-592-0055

Fax 903-592-6677

 

April 09, 2020

The Honorable Judge Wilson
100 N. Broadway Ave
Tyler, TX 75701

RE: Objection to Temporary Orders with 10 Day Letter
ITMOTMO Hernandez and Mendoza, Cause No. 20-0186-D

Dear Judge Wilson:

Please take note that Counsel for Jose Mendoza objects to the Temporary Orders submitted by
opposing counsel as the language used in the Orders doesn’t follow the Rule 11 Agreement:

1. No agreement as to which party has the exclusive right to determine primary residence of the
children. The agreement was that the children shall remain enrolled in and attend Tyler
ISD. There was no agreement that Ms. Hernandez was primary custodian.

2. Exchange of children - There was no agreement that Mr. Mendoza would do all the
transporting. Counsel’s suggestion is that at the beginning of each party’s possession period, that
party go pick up the children—whether at a residence or the school.

3. Characterization of assets - There was no agreement to the characterization of Mr. Mendoza’s
house as the marital home because there was no marriage. (Page 19) Counsel objects to the
orders regarding property because it is the language more properly used in a divorce as opposed
toaSAPCR. Counsel maintains that the parties were never married therefore, the Court lacks
jurisdiction to make such orders. Mr. Mendoza objects to any restriction on the use of his
property or lines of credit etc. (page 21, number 11 through 24 and Last Order on page 23
“where Petitioner is specifically authorized . . .” through page 25) The specific agreement was
that “Each party keeps possession of their respective houses, motor vehicles, and personal
property in their possession. No assets shall be sold or transferred pending final trial.”
(Rule 11 agreement s&cond to last page)

Counsel is attaching a copy of the Rule 11 agreement which was submitted at the Temporary
Orders hearing held February rA, 2020.Counsel is requesting an MEJ hearing so that we can clear up the issues.

Sincerely,

i Fe L
Natali€ FletcherNOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA PENNY CLARKSTON

eyore

NO. 20:0186-D moan FEB 12 PHF 15

 

IN THE'MATTER OF « § IN THE DISTRICT COURTEXAS
THE MARRIAGE OF ; -
oe HERNANDEZ §

§ 32457 JUDICIAL DISTRICT
TEE ALERT MENDOZA BENITEZ 8

§
ANDANTHE INTEREST OF §
250.8, AND 'Y.E0.B:, CHILDREN § SMITH COUNTY, TEXAS

RULE 11 AGREEMENT

The.undersigned parties intend:to make the following terms a Rule 11 Agreement, pursuant to
the Texas Rules.of Civil Procedure. The undersigned parties understand and acknowledge that

the terms of this agreement: upon filing, is binding and will have the.same force.and effect as a
gourtorder. The terms of this agreement will be drafted by counsel into a formal court order and
‘ptesénted to the Court for signature.

THIS RULE 11 AGREEMENT IS:‘NOT SUBJECT TO REVOCATION PURSUANT TO TEXAS
FAMILY CODE §6.612S

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