arrow left
arrow right
  • YESENIA SADA, INDIVIDUALLY AND AS NEXT FRIEND OF I.S. AND M.S., MINORS; AND AGLAE LOPEZ, INDIVIDUALLY AND AS NEXT FIREND OF R.L., A MINOR VS. ANTHONY D. SPECHT; HIGGINS LANDSCAPE SERVICES, LLC AND OSVALDO SADAInjury or Damage - Motor Vehicle (OCA) document preview
  • YESENIA SADA, INDIVIDUALLY AND AS NEXT FRIEND OF I.S. AND M.S., MINORS; AND AGLAE LOPEZ, INDIVIDUALLY AND AS NEXT FIREND OF R.L., A MINOR VS. ANTHONY D. SPECHT; HIGGINS LANDSCAPE SERVICES, LLC AND OSVALDO SADAInjury or Damage - Motor Vehicle (OCA) document preview
  • YESENIA SADA, INDIVIDUALLY AND AS NEXT FRIEND OF I.S. AND M.S., MINORS; AND AGLAE LOPEZ, INDIVIDUALLY AND AS NEXT FIREND OF R.L., A MINOR VS. ANTHONY D. SPECHT; HIGGINS LANDSCAPE SERVICES, LLC AND OSVALDO SADAInjury or Damage - Motor Vehicle (OCA) document preview
  • YESENIA SADA, INDIVIDUALLY AND AS NEXT FRIEND OF I.S. AND M.S., MINORS; AND AGLAE LOPEZ, INDIVIDUALLY AND AS NEXT FIREND OF R.L., A MINOR VS. ANTHONY D. SPECHT; HIGGINS LANDSCAPE SERVICES, LLC AND OSVALDO SADAInjury or Damage - Motor Vehicle (OCA) document preview
  • YESENIA SADA, INDIVIDUALLY AND AS NEXT FRIEND OF I.S. AND M.S., MINORS; AND AGLAE LOPEZ, INDIVIDUALLY AND AS NEXT FIREND OF R.L., A MINOR VS. ANTHONY D. SPECHT; HIGGINS LANDSCAPE SERVICES, LLC AND OSVALDO SADAInjury or Damage - Motor Vehicle (OCA) document preview
  • YESENIA SADA, INDIVIDUALLY AND AS NEXT FRIEND OF I.S. AND M.S., MINORS; AND AGLAE LOPEZ, INDIVIDUALLY AND AS NEXT FIREND OF R.L., A MINOR VS. ANTHONY D. SPECHT; HIGGINS LANDSCAPE SERVICES, LLC AND OSVALDO SADAInjury or Damage - Motor Vehicle (OCA) document preview
  • YESENIA SADA, INDIVIDUALLY AND AS NEXT FRIEND OF I.S. AND M.S., MINORS; AND AGLAE LOPEZ, INDIVIDUALLY AND AS NEXT FIREND OF R.L., A MINOR VS. ANTHONY D. SPECHT; HIGGINS LANDSCAPE SERVICES, LLC AND OSVALDO SADAInjury or Damage - Motor Vehicle (OCA) document preview
  • YESENIA SADA, INDIVIDUALLY AND AS NEXT FRIEND OF I.S. AND M.S., MINORS; AND AGLAE LOPEZ, INDIVIDUALLY AND AS NEXT FIREND OF R.L., A MINOR VS. ANTHONY D. SPECHT; HIGGINS LANDSCAPE SERVICES, LLC AND OSVALDO SADAInjury or Damage - Motor Vehicle (OCA) document preview
						
                                

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