On July 23, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Lopez, Aglae,
Sada, Yesenia,
and
Higgins Landscape Services, Llc,
Sada, Osvaldo,
Specht, Anthony D.,
for Injury or Damage - Motor Vehicle (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
12/5/2023 4:15 PM
Hidalgo County District Clerks
Reviewed By: Denise Garcia
CAUSE NO. C-2693-18-C
YESENIA SADA, INDIVIDUALLY AND : IN THE DISTRICT COURT OF
AS NEXT FRIEND OF I.S. AND M.S., :
MINOR CHILDREN; AGLAE LOPEZ, :
INDIVIDUALLY AND AS NEXT FRIEND :
OF R.L., A MINOR CHILD :
:
VS. : HIDALGO COUNTY, TEXAS
:
ANTHONY D. SPECHT, HIGGINS :
LANDSCAPE SERVICES, LLC AND :
OSVALDO SADA : 139TH JUDICIAL DISTRICT COURT
DEFENDANT’S MOTION TO APPOINT GUARDIAN AD LITEM
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendant HIGGINS LANDSCAPE SERVICES, LLC and files
this Motion to Appoint Guardian Ad Litem and in support thereof would show
the Court as follows:
I.
Plaintiff, YESENIA SADA has filed this claim on behalf of the minors I.S.
and M.S. as their legal guardian and Plaintiff AGLAE LOPEZ files this claim on
behalf of minor R.L. The claim arises out of an incident occurring on or about
July 26, 2016.
II.
The parties have reached a settlement agreement and such agreement has
created conflict or potential conflict, limited to evaluation of the fairness of the
settlement, between YESENIA SADA and the minors I.S. and M.S. and AGLAE
LOPEZ and the minor R.L.
III.
By authority of TEX.R.CIV.P. 173 Delcort v. Silverman, 919 S.W.2d 777,
784 (Tex.App.-Houston [14th Dist.] 1996, no writ) Defendants move this Court
to appoint a Guardian Ad Litem to Represent the interests of the minor children
DEFENDANT’S MOTION TO APPOINT GUARDIAN AD LITEM
[en] FILES\H\H1272 HIGGINS\/MOTIONS&ORDERS/MTNGUARDIAN Page 1
Electronically Filed
12/5/2023 4:15 PM
Hidalgo County District Clerks
Reviewed By: Denise Garcia
for purposes of settlement only.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court
appoint a Guardian Ad Litem to represent the interest of the minors, I.S., M.S.
AND R.L. for settlement purposes only.
Respectfully submitted,
ADAMS & GRAHAM, L.L.P.
134 E. Van Buren, Suite 301
Harlingen, TX 78550
(956) 428-7495
(956) 428-2954 (fax)
By: /s/ Barry Ray
BARRY RAY
State Bar No. 16606355
Email: bray@adamsgraham.com
Counsel for Defendant,
Higgins Landscape Services, LLC
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
instrument was forwarded to the following counsel of record on this the 5th day
of December, 2023.
Michael E. Flanagan Via E-Service
LAW OFFICES OF
MICHAEL E. FLANAGAN
809 Chicago Avenue
McAllen, Texas 78501
Counsel for Plaintiffs
Brenda Montoya Via E-Service
ORTIZ & LAW, P.C.
10100 Reunion Place, Suite 600
San Antonio, TX 78216
Counsel for Defendant Osvaldo Sada
DEFENDANT’S MOTION TO APPOINT GUARDIAN AD LITEM
[en] FILES\H\H1272 HIGGINS\/MOTIONS&ORDERS/MTNGUARDIAN Page 2
Electronically Filed
12/5/2023 4:15 PM
Hidalgo County District Clerks
Reviewed By: Denise Garcia
Carlos R. Galvan Via E-Service
LAW OFFICE OF CARLOS R. GALVAN
3525 W. Freddy Gonzalez, Suite C.
Edinburg, Texas 78539
Cross-Plaintiff Osvaldo Sada
/s/ Barry Ray
BARRY RAY
DEFENDANT’S MOTION TO APPOINT GUARDIAN AD LITEM
[en] FILES\H\H1272 HIGGINS\/MOTIONS&ORDERS/MTNGUARDIAN Page 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.
Barry Ray on behalf of Barry Ray
Bar No. 16606355
bray@adamsgraham.com
Envelope ID: 82265907
Filing Code Description: Motion (No Fee)
Filing Description: H-1272-Defendant Higgins Landscape's Motion to
Appoint Guardian Ad Litem
Status as of 12/5/2023 4:32 PM CST
Associated Case Party: Yesenia Sada
Name BarNumber Email TimestampSubmitted Status
Michael E.Flanagan mike@lomef.com 12/5/2023 4:15:45 PM SENT
Associated Case Party: Higgins Landscape Services, LLC
Name BarNumber Email TimestampSubmitted Status
Barry Ray bray@adamsgraham.com 12/5/2023 4:15:45 PM SENT
Associated Case Party: Osvaldo Sada
Name BarNumber Email TimestampSubmitted Status
Jennifer Solis jenn@ob-lawpc.com 12/5/2023 4:15:45 PM SENT
Jonathan Law JWL-svc@ortizlawpc.com 12/5/2023 4:15:45 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
MICHAEL EFLANAGAN SOYLA@LOMEF.COM 12/5/2023 4:15:45 PM SENT
Carlos Galvan carlos@galvanlawyers.com 12/5/2023 4:15:45 PM SENT
MIKE E.FLANAGAN MIKE@LOMEF.COM 12/5/2023 4:15:45 PM SENT
jonathan law jon@ob-lawpc.com 12/5/2023 4:15:45 PM SENT
Eva Nieto enieto@adamsgraham.com 12/5/2023 4:15:45 PM SENT
BRENDA MONTOYA RROSUPPORT@OB-LAWPC.COM 12/5/2023 4:15:45 PM SENT
BRENDA MONTOYA brenda@ob-lawpc.com 12/5/2023 4:15:45 PM SENT
Document Filed Date
December 05, 2023
Case Filing Date
July 23, 2018
Category
Injury or Damage - Motor Vehicle (OCA)
For full print and download access, please subscribe at https://www.trellis.law/.