J. Fuentes Colleyville, L.P. D/B/A Gloria's Restaurant Jose Fuentes Colleyville, Inc. D/B/A Gloria's Restaurant And Carlos Fuentes, Inc. D/B/A Gloria's Restaurant v. A.S., Individually and as Next Friend of K.S., a Minor Child Kristen Hayter And Consumers County Mutual Insurance Company ( 2015 )

096-276274-15 FILED
TARRANT COUNTY
11/13/2015 6:13:09 PM
CAUSE NO. 096-276274-15 THOMAS A. WILDER
DISTRICT CLERK
RECEIVED IN
AUDRIANNE SCHNEIDER, individually and § IN THE DISTRICT COURT
2nd COURT OF APPEALS
as next friend of KELSIE NICOLE § FORT WORTH, TEXAS
SCHNEIDER, a minor child, § 11/16/2015 8:20:52 AM
§ DEBRA SPISAK
Plaintiffs/Cross-Defendants, § Clerk
vs. §
§
KRISTEN HAYTER and CONSUMERS §
COUNTY MUTUAL INSURANCE §
COMPANY, §
Defendants/Cross-Defendants § OF TARRANT COUNTY, TEXAS
§
and §
§
J. FUENTES COLLEYVILLE, LP d/b/a §
GLORIA’S RESTAURANT; JOSE FUENTES §
COLLEYVILLE, INC. d/b/a GLORIA’S §
RESTAURANT; and CARLOS FUENTES, §
INC. d/b/a GLORIA’S RESTAURANT, §
§
Intervention Defendants/Cross-Claimants §
§ 96th JUDICIAL DISTRICT
INTERVENORS’ JOINT NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
J. FUENTES COLLEYVILLE, LP d/b/a GLORIA’S RESTAURANT; JOSE FUENTES
COLLEYVILLE, INC. d/b/a GLORIA’S RESTAURANT; and CARLOS FUENTES, INC. d/b/a
GLORIA’S RESTAURANT, Intervenors in the above-entitled and numbered cause, hereby file
this Joint Notice of Appeal and would respectfully show as follows:
I.
In accordance with Tex. R. App. P. 25(d), the Intervenors provide the following
information:
Intervenors’ Notice of Appeal 1
096-276274-15
(1) The trial court that rendered the order and judgment being appealed is the 96th
District Court of Tarrant County, Texas.
(2) The order from which the Intervenors appeal is an order striking the Intervenors’
“Petition [sic] in Intervention.” That order was signed by the trial court on September 18, 2015.
The separate, final judgment in this case was signed by the trial court on October 9, 2015.
(3) J. Fuentes Colleyville, L.P., Jose Fuentes Colleyville, Inc., and Carlos Fuentes, Inc.,
the Intervenors herein, desire to appeal from the order and final judgment described above.
(4) The Intervenors take this appeal to the Second District Court of Appeals of Texas
(5) This notice of appeal is filed by J. Fuentes Colleyville, L.P., Jose Fuentes Colleyville,
Inc., and Carlos Fuentes, Inc.,
(6) This is not an accelerated appeal.
(7) This is not a restricted appeal.
II.
In accordance with Rule 25.1(e), Tex. R. App. P., the Intervenors state that they are
serving a copy of this notice of appeal on all parties to the trial court’s final judgment and are
filing a copy of such notice with the clerk of the Second District Court of Appeals.
WHEREFORE, PREMISES CONSIDERED, the Intervenors pray that the trial court, the
Court of Appeals, and all parties to the final judgment in this case observe this notice of appeal.
Respectfully submitted,
LAW OFFICE OF JEFFREY R. BOGGESS
/s/Jeff R. Boggess
JEFF R. BOGGESS
SBN: 02558800
2815 Valley View Lane, Suite 202
Dallas, TX 75234
Intervenors’ Notice of Appeal 2
096-276274-15
(972) 514-2007 (telephone)
(214) 594-8800 (telecopier)
Jeffboggess.law@gmail.com
COUNSEL FOR INTERVENTION
DEFENDANTS/CROSS-CLAIMANTS
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of the foregoing instrument by electronic
delivery upon Messrs. Rocky (rwalton@rockywalton.com), Ron Walton
(ronw@rockywalton.com), and Tim D. Brandenburg (timb@rockywalton.com), counsel of
record for Plaintiffs, Mr. Greg Hargrove (gsh@mcdonaldlaw.com), counsel of record for
Defendant Hayter, Mr. Micah P. Pardun (mpardun@travelers.com), counsel of record for
Consumers County Mutual Insurance Co., and Mr. D. Michael Wallach (M.Wallach@Wallach-
law.com), Guardian ad Litem, on this ___th day of November, 2015.
/s/ Jeff R. Boggess__________
Intervenors’ Notice of Appeal 3
096-276274-15
Intervenors’ Notice of Appeal 4
CAUSE NO. 096-276274-15
AUDRIANNE SCHNEIDER, as Next Friend § IN THE DISTRICT COURT
of KELSIE NICOLE SCHNEIDER, A §
MINOR CHILD §
§
Plaintiffs §
§
v. § OF TARRANT COUNTY TEXAS
§
KRISTEN HAYTER and CONSUMERS §
COUNTY MUTUAL INSURANCE §
COMPANY §
§ 96'h JUDICIAL DISTRICT
Defendants.
ORDER ON PLAINTIFF'S MOTION TO STRIKE PETITION IN INTERVENTION
ON THIS DAY CAME ON TO BE CONSIDERED Plaintiffs Motion to Strike Petition
in Intervention, and the Court, after having reviewed the motion, is of the opinion that Plaintiff's
Motion is well taken and should be granted.
It is therefore ORDERED that Plaintiff's Motion to Strike Petition in Intervention is hereby
GRANTED and the Petition in Intervention filed by Interveners, J. Fuentes Colleyville, LP d/b/a
Gloria's Restaurant; Jose Fuentes Colleyville, Inc. d/b/a Gloria's Restaurant and Carlos Fuentes,
Inc. d/b/a Gloria's Restaurant, is STRICKEN.
SIGNED the /2?..1/.day of_-;L,~-=--ff---'-=.::...-=-·---'' 2015.
PRESIDING JUDGE
Court's Minutes ) . . .j E-MAILED
Transaction# _t.l~!e--­ 'f>'Jr ssI fh!lllrlr! I
L(
~ l fi\AlJtfr\ I
``~h
ORDER STRIKING PETITION rN rNTERVENTION Solo Page
096-276274-15 FILED
TARRANT COUNTY
10/8/2015 10:45:21 AM
THOMAS A. WILDER
DISTRICT CLERK
CAUSE NO. 096-276274-15
AUDRIANNE SCHNEIDER, § IN THE DISTRICT COURT
INDIVIDUALLY AND AS NEXT §
FRIEND OF KELSIE SCHNEIDER, §
A MINOR, §
PLAINTIFF, §
§
vs. § 96TH JUDICIAL DISTRICT
§
KRISTEN HAYTER AND §
CONSUMERS COUNTY MUTUAL §
INSURANCE COMPANY § TARRANT COUNTY, TEXAS
DEFENDANTS.
AGREED FINAL JUDGMENT
On this the 18'' day of September, 2015, came to be heard the above-entitled and numbered
cause, wherein appeared Audnanne Schneider, Individually and as Next Friend of Kelsie Nichole
Schneider, a Minor Child (hereinafter "Plaintiffs"), Kristen Hayter, and Consumers County Mutual
Insurance Company (hereinafter "Defendants'').
Plaintiff Audrianne Schneider appeard by and through her counsel of record, Ron W.
Walton; Kelsie Nichole Schneider, a minor, appeared by and through her court appointed Guardian
Ad Litem, D. Michael Wallach, Defendant Kristen Hayter appeared by and through his counsel of
record, Greg S. Hargrove, and Consumers County Mutual Insurance Company appeared by and
through its counsel of record Micah P. Pardun.
After considering the pleadings and evidence, the Court is of the opinion and finds that
Kelsie Nichole Schneider is a minor, that the Minor Plaintifr~ next friend is Audrianne Schneider,
that the next friend is fully informed that the liability of Defendants is uncertain, indefinite and
disputed; that the Minor Plaintiff has recovered or is in the process of recovering from the effects of
her injuries; that the next friend is fully informed with respect to the facts of liability, the disputed
nature of the cause of action, the nature and extent of the injuries and damages claimed; and that,
eotif~T
Transaction # _]"JW~,.---
096-276274-15
with knowledge of the cause of action as above-said, the parties hereto have agreed to compromise
and settle such cause of action in full settlement of the respective claims of all parties.
The Court is further of the opinion and finds that the Settlement Agreements entered into
by and between Plaintiffs and Defendants, to settle all claims, demands and causes of action herein
involved are reasonable, fair, just, and in the best interest of Kelsie Nichole Schneider, a minor, and
the sam,e are hereby in all things approved, incorporated and made a part of this Judgment.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that
the Settlement Agreements and Releases of aU Claims are in all respects approved.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that
Defendant Kristen Hayter pay the following amounts as outlined below as provided by, and in
accordance with, the terms and conditions of his Settlement Agreement and Release.
!!. payment in the amount of $21,381.42 to Optum in fuU satisfaction of its health
insurance subrogation lien.
B. payment in the amount of $8,618.58 to the law firm of Roger D. Walton, P.C.,
attorney for Plaintiff
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that
Defendant Conswner Counry Muruallnsurance Company pay the following amounts as outlined below
as provided by, and in accordance with, the terms and conditions of its Settlement Agreement and
Release.
A. $5,005.94 to be placed in the Registry of the Court for the benefit of the Minor, Kelsie
Nicole Schneider.
B. $53,564.65 made payable to Pacific Ufe & Annuity Services, Inc. for the funding of
furure Periodic payments made payable to Kelsie Schneider (Payee) according to the schedule
as follows (the "Periodic Payments"):
PINAL JUDGMENT Pagc2
096-276274-15
1) $4,000.00 payable semi-annually, guaranteed for 4 years and 6 months period certain,
first payment beginning on 01/01/2016, with the last guaranteed payment on 01/01/2020.
2) $20,430.93 guaranteed lump sum payable on 11/26/2022.
The obligation to make the above referenced periodic payments may be assigned within the meaning
of Section 130(c) of the Internal Revenue Code of 1986, as amended to Pacific Life & Annuity
Services. Inc. (the "Assignee"). The Assignee may fund the periodic payment obligation through the
purchase of an annuity policy from Pacific I j fe Insurance Company.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the rights to
receive periodic payments granted to the minor Plaintiff in this Judgment may not be sold,
transferred, hypothecated, pledged, or otherwise alienated in any manner, directly or indirectly,
without the prior approval of the then-sitting Judge of this Court, as evidenced by an order
approving such transaction entered after compliance with all requirements of the Structured
Settlement Protection Act, §§ 141.001, Texas Civil Practice and Remedies Code, as it now exists or
may hereafter be amended, or any successor to such statute. Any purponed or attempted sale,
transfer, hypothecation, pledge, or other alienation of such payment rights that has not been so
approved will be a direct violation of this order
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Guardian Ad
Litem, D. Michael Wallach, tax ID number XX-XXXXXXX, shall be awarded the sum of$5000.00as his
fee for services. Defendant Kristen Hayter, through his liability insurance carrier, USAA Casualty
Insurance Company, is ordered to pay the sum of $2500.00; Defendant Consumer County Mutual
Insurance Company is also ordered to pay the sum of $2500.00.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all costs of Court,
with the exception of the Guanlian Ad Litem fees as set forth above, are to be borne by the parties
incurring same. It further appears to the Court that all sums and costs herein concerned will be fully
FINAL Jl.IDGMENT PageJ
096-276274-15
paid as aforesaid by Defendants. Accordingly, it is further ORDERED that no execution shall issue
hereon, this Judgment being fully satisfied, except for the payment of the Guardian Ad Litem fees.
The Judgment finally disposes of all parries and aU claims.
SIGNED this~ day of f9ot;_ ,2015.
APPROVED AS TO FORM AND CONTENT:
t~#l<
D. MICHAEL WALLACH
State Bat No. 20780650
Wallach & Andrews, P.C.
2501 Parkview Drive, Suite 303
Fort Worth, Texas 76102
GUARDIAN AD LITEM
Is/ RON W. WALTON
RON W. WA.LTON
State Bat No. 007 92904
ROGER D. "ROCKY" WALTON
State Bar No. 20828300
Filings@rockywalton.com.
Law Firm of Roger (Rocky) Walton, P.C.
2310 W. Interstate 20, Suite .200
Arlington, Texas 76017-1676
ATTORNEYS FOR AUDRIANNE SCHNEIDER,
INDIVIDUALLY AND AS NEXT FRIEND OF
KELSIE SCHNEIDER, A MINOR
FINAL JUDGMENT Page 4
096-276274-15
MICAH P. PARDUN
Texas Bm: No. 24041643
1301 E. Collins. Blvd., SJlltc 490
Richardson, Texas 75081
Direct Telephone: 214-S'i'0-6245
Main Telephone: 214-570-6300
Pncsi.tnile: Direct Fax 855-748-3821
ATTORNEY FOR.DEFENDANT CONSUMERS
COUNTY MUTUAL INSURANCE COMPANY
ATTORNEY FOR DeFENDANT
KRISTEN HAYTER
F!NALJUDGMENT PageS