On May 10, 2019 a
Order
was filed
involving a dispute between
Frost Bank,
and
Gladiator Contractor And Roofing, Llc,
Guerra, Rebeca,
Lopez, Jr, Gabriel Manuel,
for Contract - Other Contract (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Submitted
12/2/2020 2:31 PM
Hidalgo County Clerk
Accepted by: Aurelio Aleman
CAUSE NO. CL-19-2629-D
FROST BANK § IN THE COUNTY COURT
§
vs. § ATLAWNO.4
§
GLADIATOR CONTRACTOR AND § HIDALGO COUNTY, TEXAS
ROOFING LLC, GABRIEL MANUEL §
LOPEZ JR. and REBECA GUERRA
ORDER GRANTING INTERLOCUTORY JUDGMENT
On this day, came on to be heard Frost Bank's Motion for Summary Judgment (the
"Motion") in the above-titled and numbered cause. Having reviewed said Motion, the proper
summary judgment evidence, any written responses thereto, and hearing any argument of
counsel or pro se parties in connection therewith, the Court is of the opinion that the Motion
should be in all things granted and that Judgment be entered against GABRIEL MANUEL
LOPEZ JR. ("LOPEZ").
Accordingly, the Court finds that LOPEZ is indebted to Plaintiff for the contractual
damages stemming from the Checking Account made the basis of this lawsuit in the amount
of $11,058.31. The Court further finds that Plaintiff should recover all costs of court and a
reasonable attorneys' fee, which the court finds to be $2,765.86. The Court further finds that
all costs of court, contract damages and the attorneys' fees should earn interest at 5.00% per
annum, in comportment with Texas Finance Code Section 304.003. It is, therefore,
ORDERED, ADJUDGED, AND DECREED that FROST BANK have and recover of and
from LOPEZ, the contractual damages of $11,058.31, and attorneys' fees in the sum of
$2,765.86, plus all costs of court in this behalf expended, and that, pursuant to the Texas
Finance Code Section 304.003, post-judgment interest shall accrue on all costs of court,
contract damages, and the attorneys' fees at the statutory rate of 5.00% per annum from the
date of this judgment until paid. It is further,
ORDERED, that this Judgment is interlocutory and must be finalized by further order
of the Court. It is further,
SUMMARY JUDGMBNT
Electronically Submitted
12/2/2020 2:31 PM
Hidalgo County Clerk
Accepted by: Aurelio Aleman
ORDERED, that FROST BANK is allowed such writs and processes as may be
necessary in the enforcement and collection of this judgment.
HEARD AND SIGNED this day of . 2020.
JUDGE PRESIDING
PREPARED BY:
FRIDGE & RESENDEZ RC.
425 Soledad Street, Suite
San Antonio, Texas 7
(210) 690-8000
(210) 696-6004 (f
By:
J N SENDEZ
ar No. 16789250
ohn@TexasBankLawyer.com
JOSHUA COTTLE
State Bar No. 24087348
Josh@TexasBankLawyer.com
MARCI K. LIGGETT
State Bar No. 24078859
Marci@TexasBankLawyer.com
ATTORNEYS FOR FROST BANK
Swan! Junam'r
Document Filed Date
December 02, 2020
Case Filing Date
May 10, 2019
Category
Contract - Other Contract (OCA)
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Electronically Submitted 12/2/2020 2:31 PM Hidalgo County Clerk Accepted by: Aurelio Aleman CAUSE NO. CL-19-2629-D FROST BANK § IN THE COUNTY COURT § vs. § ATLAWNO.4 § GLADIATOR CONTRACTOR AND § HIDALGO COUNTY, TEXAS ROOFING LLC, GABRIEL MANUEL § LOPEZ JR. and REBECA GUERRA ORDER GRANTING INTERLOCUTORY JUDGMENT On this day, came on to be heard Frost Bank's Motion for Summary Judgment (the "Motion") in the above-titled and numbered cause. Having reviewed said Motion, the proper summary judgment evidence, any written responses thereto, and hearing any argument of counsel or pro se parties in connection therewith, the Court is of the opinion that the Motion should be in all things granted and that Judgment be entered against GABRIEL MANUEL LOPEZ JR. ("LOPEZ"). Accordingly, the Court finds that LOPEZ is indebted to Plaintiff for the contractual damages stemming from the Checking Account made the basis of this lawsuit in the amount of $11,058.31. The Court further finds that Plaintiff should recover all costs of court and a reasonable attorneys' fee, which the court finds to be $2,765.86. The Court further finds that all costs of court, contract damages and the attorneys' fees should earn interest at 5.00% per annum, in comportment with Texas Finance Code Section 304.003. It is, therefore, ORDERED, ADJUDGED, AND DECREED that FROST BANK have and recover of and from LOPEZ, the contractual damages of $11,058.31, and attorneys' fees in the sum of $2,765.86, plus all costs of court in this behalf expended, and that, pursuant to the Texas Finance Code Section 304.003, post-judgment interest shall accrue on all costs of court, contract damages, and the attorneys' fees at the statutory rate of 5.00% per annum from the date of this judgment until paid. It is further, ORDERED, that this Judgment is interlocutory and must be finalized by further order of the Court. It is further, SUMMARY JUDGMBNT Electronically Submitted 12/2/2020 2:31 PM Hidalgo County Clerk Accepted by: Aurelio Aleman ORDERED, that FROST BANK is allowed such writs and processes as may be necessary in the enforcement and collection of this judgment. HEARD AND SIGNED this day of . 2020. JUDGE PRESIDING PREPARED BY: FRIDGE & RESENDEZ RC. 425 Soledad Street, Suite San Antonio, Texas 7 (210) 690-8000 (210) 696-6004 (f By: J N SENDEZ ar No. 16789250 ohn@TexasBankLawyer.com JOSHUA COTTLE State Bar No. 24087348 Josh@TexasBankLawyer.com MARCI K. LIGGETT State Bar No. 24078859 Marci@TexasBankLawyer.com ATTORNEYS FOR FROST BANK Swan! Junam'r