Preview
Electronically Filed
12/11/2023 10:16 AM
Hidalgo County District Clerks
Reviewed By: Arlene Villarreal
LAW OFFICE OF DAVID A. EWERS, P.C.
P.O. Box 720059
McAllen, Texas 78504
(956) 630'9401 Fax (956) 682—0566
December 8, 2023
BRIEF
The Honorable Judge Israel Ramon VIA ELECTRONIC FILING
430‘“ District Court, Hidalgo County, Texas
Hidalgo County Courthouse
111 S. 9m Ave.
Edinburg, Texas 78539
Re: Cause N0. C-5299-19-J
City 0f Mission vs. Jordi Claudio Torelli, et al.
In the 430‘“ District Court, Hidalgo County, Texas
Dear Honorable Judge Ramon,
On October 3 1, 2023, the Parties in the above-styled case appeared for a final hearing for the
purpose of a final determination as to the disposition 0f the property that Plaintiff, City of Mission
(hereinafter referred to as the “City”), interpleaded into the Court. Pending the Court’s ruling on the
issues that remain, the Court instructed the Parties to brief the issue of payment ofcosts and fees
prior to the disposition of the property.
Defendant, Ramon Benavides, asserts that cost and attorney’s fees should be awarded against
Defendant, GSF Land Group, Ltd. (hereinafter referred t0 as “GSF”) because GSF Land Group
allegedly made false claims concerning ownership of the firearms, which are the subject of this
interpleader action, causing delay and damages to Defendant, Ramon Benavides.
At the outset of this cause, 0n December, 2019, Plaintiff, City of Mission interplead
Defendant Ramon Benavides, Defendant, Jordi Claudio Torelli, as the Tenants ofthe premises from
which the firearms were taken. Defendant, Javier R. Romero-Albarran, whose name was found on
receipts with thefirearms and Defendants, GSF, as the owner of the premises from which the
firearms were taken.
At all times relevant, Defendant, GSF, has asserted an interest in the firearms, either by way
0f abandonment, landlords lien, 0r bailment lien, all of which claims were dependent upon and
derivative 0f afinding that Defendant, Torelli, was in fact the owner of the firearms in question. As
ofOctober 2023 no such finding of the ownership of the firearms had been made by this Court
3 1,
and thus, Defendant, GSF, still had a good faith claim t0 an interest in the firearms. Nonetheless, at
such hearing, Defendant, GSF, in open Court released and waived any interest in the firearms in light
of the value of such interest as compared to the attorney’s fees in favor 0f the City 0f Mission
constituting a lien 0n the firearms.
Electronically Filed
12/11/2023 10:16 AM
Hidalgo County District Clerks
Reviewed By: Arlene Villarreal
Honorable Judge Israel Ramon
December 8, 2023
Page 2
It cannot be argued that under Section 43 of the Texas Rules of Civil Procedure, an
interpleading party is entitled to an award of reasonable attorneys fees t0 be awarded out of the
property interplead by filing an interpleader joining the various claimants and making an
unconditional tender of the property into the Court Registry Hanzel vs. Herring S.W. 3d 167 (Tex
App/Fort Worth 2002). After the joinder of all claimants, the Plaintiff stakeholder is discharged and
it is incumbent 0n the Court t0 determine the ownership Ofthe property. In this case, the Plaintiffwas
discharged in August, 2021 and since that date, no further charges have been assessed as a lien
against the Property.
Likewise, since August, 202 1, no further motions 01' requests have been filed by Defendant,
Benavides, t0 pursue its claims against the firearms until the October 31, 2023 hearing date.
Therefore, any delay occasioned from the August, 2021 discharge date and the October 31, 2023
hearing were not occasioned by any actions ofDefendant, GSF but by the inaction of Defendant,
Benavides to pursue its claims.
Defendant would further submit that the underlying cause for this interpleader action is a
result of Defendant’s, Benavides own acts 0r omissions in secreting some 20 firearms in the attic 0f
another Defendant, with the only evidence of ownership attached thereto being in the name of
another third party Defendant, and not the actions of GSF Land Group, Ltd. Defendant, GSF, has
always asserted a good faith claim of an interest in the firearms, which was derivative ofDefendant,
Torelli’s ownership and not asserted in bad faith or fraudulently. Defendant, Benavides, in its brief
alledges that ownership was “vetted by the ATF”; however,
its at n0 time was any documentation
provided to Defendant, GSF of such fact, as 0f date hereof.
Accordingly, no basis exists for the award of the attorney’s fees against Defendant, GSF,
anymore than exists against Defendants, Torelli and Javier R. Romero-Albarran.
{3.33%
David A. Ewers
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.
David Ewers on behalf of David Ewers
Bar No. 06752930
david@ewers.com
Envelope ID: 82428266
Filing Code Description: Notice
Filing Description: GSF Brief
Status as of 12/11/2023 10:56 AM CST
Associated Case Party: City of Mission
Name BarNumber Email TimestampSubmitted Status
Robert L.Galligan bgalligan@jgkl.com 12/11/2023 10:16:55 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Gregory P.Kerr gkerr@jgkl.com 12/11/2023 10:16:55 AM SENT
ROBERT L.GALLIGAN bgalligan@jgkl.com 12/11/2023 10:16:55 AM SENT
ROBERT LGALLIGAN cantol@jgkl.com 12/11/2023 10:16:55 AM SENT
Associated Case Party: GSF Land Group, Ltd.
Name BarNumber Email TimestampSubmitted Status
David Ewers 6752930 david@ewers.com 12/11/2023 10:16:55 AM SENT
Associated Case Party: RamonFelipeBenavides
Name BarNumber Email TimestampSubmitted Status
RICARDO L.SALINAS rsalinaslaw@yahoo.com 12/11/2023 10:16:55 AM SENT
Preview
Electronically Filed 12/11/2023 10:16 AM Hidalgo County District Clerks Reviewed By: Arlene Villarreal LAW OFFICE OF DAVID A. EWERS, P.C. P.O. Box 720059 McAllen, Texas 78504 (956) 630'9401 Fax (956) 682—0566 December 8, 2023 BRIEF The Honorable Judge Israel Ramon VIA ELECTRONIC FILING 430‘“ District Court, Hidalgo County, Texas Hidalgo County Courthouse 111 S. 9m Ave. Edinburg, Texas 78539 Re: Cause N0. C-5299-19-J City 0f Mission vs. Jordi Claudio Torelli, et al. In the 430‘“ District Court, Hidalgo County, Texas Dear Honorable Judge Ramon, On October 3 1, 2023, the Parties in the above-styled case appeared for a final hearing for the purpose of a final determination as to the disposition 0f the property that Plaintiff, City of Mission (hereinafter referred to as the “City”), interpleaded into the Court. Pending the Court’s ruling on the issues that remain, the Court instructed the Parties to brief the issue of payment ofcosts and fees prior to the disposition of the property. Defendant, Ramon Benavides, asserts that cost and attorney’s fees should be awarded against Defendant, GSF Land Group, Ltd. (hereinafter referred t0 as “GSF”) because GSF Land Group allegedly made false claims concerning ownership of the firearms, which are the subject of this interpleader action, causing delay and damages to Defendant, Ramon Benavides. At the outset of this cause, 0n December, 2019, Plaintiff, City of Mission interplead Defendant Ramon Benavides, Defendant, Jordi Claudio Torelli, as the Tenants ofthe premises from which the firearms were taken. Defendant, Javier R. Romero-Albarran, whose name was found on receipts with thefirearms and Defendants, GSF, as the owner of the premises from which the firearms were taken. At all times relevant, Defendant, GSF, has asserted an interest in the firearms, either by way 0f abandonment, landlords lien, 0r bailment lien, all of which claims were dependent upon and derivative 0f afinding that Defendant, Torelli, was in fact the owner of the firearms in question. As ofOctober 2023 no such finding of the ownership of the firearms had been made by this Court 3 1, and thus, Defendant, GSF, still had a good faith claim t0 an interest in the firearms. Nonetheless, at such hearing, Defendant, GSF, in open Court released and waived any interest in the firearms in light of the value of such interest as compared to the attorney’s fees in favor 0f the City 0f Mission constituting a lien 0n the firearms. Electronically Filed 12/11/2023 10:16 AM Hidalgo County District Clerks Reviewed By: Arlene Villarreal Honorable Judge Israel Ramon December 8, 2023 Page 2 It cannot be argued that under Section 43 of the Texas Rules of Civil Procedure, an interpleading party is entitled to an award of reasonable attorneys fees t0 be awarded out of the property interplead by filing an interpleader joining the various claimants and making an unconditional tender of the property into the Court Registry Hanzel vs. Herring S.W. 3d 167 (Tex App/Fort Worth 2002). After the joinder of all claimants, the Plaintiff stakeholder is discharged and it is incumbent 0n the Court t0 determine the ownership Ofthe property. In this case, the Plaintiffwas discharged in August, 2021 and since that date, no further charges have been assessed as a lien against the Property. Likewise, since August, 202 1, no further motions 01' requests have been filed by Defendant, Benavides, t0 pursue its claims against the firearms until the October 31, 2023 hearing date. Therefore, any delay occasioned from the August, 2021 discharge date and the October 31, 2023 hearing were not occasioned by any actions ofDefendant, GSF but by the inaction of Defendant, Benavides to pursue its claims. Defendant would further submit that the underlying cause for this interpleader action is a result of Defendant’s, Benavides own acts 0r omissions in secreting some 20 firearms in the attic 0f another Defendant, with the only evidence of ownership attached thereto being in the name of another third party Defendant, and not the actions of GSF Land Group, Ltd. Defendant, GSF, has always asserted a good faith claim of an interest in the firearms, which was derivative ofDefendant, Torelli’s ownership and not asserted in bad faith or fraudulently. Defendant, Benavides, in its brief alledges that ownership was “vetted by the ATF”; however, its at n0 time was any documentation provided to Defendant, GSF of such fact, as 0f date hereof. Accordingly, no basis exists for the award of the attorney’s fees against Defendant, GSF, anymore than exists against Defendants, Torelli and Javier R. Romero-Albarran. {3.33% David A. Ewers 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. David Ewers on behalf of David Ewers Bar No. 06752930 david@ewers.com Envelope ID: 82428266 Filing Code Description: Notice Filing Description: GSF Brief Status as of 12/11/2023 10:56 AM CST Associated Case Party: City of Mission Name BarNumber Email TimestampSubmitted Status Robert L.Galligan bgalligan@jgkl.com 12/11/2023 10:16:55 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Gregory P.Kerr gkerr@jgkl.com 12/11/2023 10:16:55 AM SENT ROBERT L.GALLIGAN bgalligan@jgkl.com 12/11/2023 10:16:55 AM SENT ROBERT LGALLIGAN cantol@jgkl.com 12/11/2023 10:16:55 AM SENT Associated Case Party: GSF Land Group, Ltd. Name BarNumber Email TimestampSubmitted Status David Ewers 6752930 david@ewers.com 12/11/2023 10:16:55 AM SENT Associated Case Party: RamonFelipeBenavides Name BarNumber Email TimestampSubmitted Status RICARDO L.SALINAS rsalinaslaw@yahoo.com 12/11/2023 10:16:55 AM SENT