FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
~
8/3/2015 2:24:32 PM
KEITH E. HOTTLE
R. DAVID GUERRERO P.O. Drawer 2219 ClerkDELFI FLORES
Diitrici Clerk Alice, Teilas 78333 Chief Deputy
(361)668·5717
AUGUST 3, 2015
HONORABLE K8TH E. HOTILE, CLERK
4™ COURT OF APPEALS
BEXAR COUNlY JUSTICE CENTER
300 DOLOROSA SUITE 3200 "
SAN ANTONIO, 1X 78205
WA El.ECTRONIC RUNG
RE: CAUSE NO. 15-03·54382.CV
SlYLED: IN RE: ESPERANZA HUGHES
Dear /I/Ir. Hottle,
Attached please find a certified copy of the Notice of Appeal in the above-mentioned
cause.
Should you have any questions regarding this matter, please feel free to contact our
office.
District Clerk
-0.UAO ·
By ~........."-'-'-''->..f'--~~----~~~
1
' I.) O'ClOCK
R O~VIO GUEFIRERO
JUL 31 20f5
Cause No. 15-03-54382-CV
INRE §
§
ESPERANZA HUGHES § JIM WELLS COUNTY, TEXAS
§
§ 79th JUDICIAL DISTRICT
NOTICE OF APPEAL OF INTERESTED PARTIES
METROPOLITAN LIFE INSURANCE COMPANY AND
METROPOLITANTOWERLIFEINSURANCECOMPANY
Interested Parties Metropolitan Ufe Insurance Company and Metropolitan Tower Life
Insurance Company give notice of their intent to appeal the trial court's Final Order Approving
Transfer of Partial Structured Settlement Payment Rights (the "Final Order'') rendered on July I,
2015, in Cause No. 15-03-54382-CV, styled In Re Esperanza Hughes, in the District Court. 79th
Judicial District, Jim Wells County, Texas, to the Fourth District Court of Appeals, San Antonio,
Texas. A true and correct copy of the Final Order is attached and incorporated herein by
reference.
Respectfully submitted,
By:_/s/ David WtiUh _ _ _ _ __
David Walsh, Esq.
State Bar No. 00786327
dwalsh@walshlawcc.com
711 N. Carancahua St., Suite 510
Corpus Christi, TX 78401
(316) 882-2088 Telephone
(316) 288-8010 Fax
Attorneys for Metropolitan Life Insurance
Company and Metropolitan Tower Life
Insurance Company
2
CERTIFICATE OF SERYICE
I certify that on July 30, 2015 a true and correct copy of the foregoing instrument was served
electronically, by hand delivery, facsimile. certified mail/return receipt requested, and/or first
class mail to all parties of record and interested parties.
_ _ _ _ _....1'sl David Wahh _ _ __
David Walsh, Esq.
3
JUL-01-2015 12:10 Fram:The Cap~ Cent.er 36:1 668 9652 Ta:18SS2906757
Based on th& foregoing findings and the evidence submitted to the Court and bcina
satisfied that the proposed ttansfer satisfies all applfcablo statutory requirements, IT IS
ORDERED, ADJUDOBD, AND DBCREBD that tbe Applbdon is GRANIED md U!e
tiaDSfer and assignment of Ms. Hupes right, Qtle, and inteiest in and to 1hc Hughes Assiped
Paymcmrs to Peachtree is APPROVBD.
IT IS FURTHER ORDERED that the MetLife Opposition is heteby denied and overruled
and the request for attorneys fees by Mctropolftan Tower and Metropolitan Life is denied.
lT IS FURTIIER ORDBRBD that in tunberance of the Court's order granting the
Application and approving 1he proposed ttansf'er described berdn. Metropolitan Life Insurance
Company IDd Mettopolitan ToMr Resources Oroup, Inc., are hereby authorized and directed to
pay and remit to Peachtree (as Ms. Hugbes'a designated and autbori7.ed payment aaent for
purposes of receiving the Term Payments) l 00% of the Team Payments (the monthly structured
settlement/annuity paymco.ts that come due and owing by Metropoli1an Life and/or Metropolitln
Tower ftom August of 2015 through April of 2035). when and as said payments come due.
Upon receipt of each monthly Tam Payment, Peachtree is entitled to retain the portion of each
Tenn Payntent that QODStitures a Hughes AS&igncd Payment (S l,S00.00 out of the total monthly
ptymeat of$ 6,S00.00 per mondl). and is ordered to pay and remit to Ms. Hughes the portion of
said Term Payments that constitute the R.omaining Hughes Payments. (Tbb ammgeme.ot shall
be referred to as the "Servicing Amngemml")
IT IS FUll'IHER. ORDERED 1hat the Term Payments shall be sent diiectly to Peachtree
by Metropolitan Life punuant to this order and the Servicing Arrangement described herein, at
the following addreas or to such other addrelS deslpated by Peachtree:
Fl1W, OBDIB t\fPBOYJNG TBAN&mt Of PARTIAL
mwctvBID SIDJIMINI PA\'MINT RIGHTS - Pap4 or7
7
JU.-01-2015 12: U From:The- Co"" Cent.er 361 668 9652 To:1BS52806757
Peachtree Settlement Fundmg. I.LC
P.O. Box 83364
Wobum, MA 01813~3364
IT IS FURTHER ORD.BRED that Mettopotitan Life and Metropolitan To\Wll' !hall
absolutely, hrevocably, and forever discharge and satisfy their legal and contractusl obligation
to make the Tmm Paymen1s (mclodiog the Hushes Assigned Payments and the Remaining
Hughes Payments) by paying and mnittiag said Tean Payments to Peachtree pursuadt to this
court order and the Servicing Anangmnent and by doing so, Metropolitan Life and Metropolitm
Tower are forever released from, and sball have not have, any current or :futute liability or
obligation to Ms. Hughes for the Term Payments. By sfgnins and approving this older, Ms.
Hughes acknowledges. undentands, and agrees 1hat sho will ~ivo the Remaining Hughes
Payments through Peachtree (u her designated payment agent solely for purposes of receiving
and distributing the Tenn Payments pursuant to the Servic!Dg Ammgemeot and this Final
Order) and that MctropolJtan Ute and Metropolitan Tower shall not be oblipled to make any
portion of the Tenn Payments dbcctly to Ms. Hughes; that Ms. Hughes shall look aolcly and
exclusively ro Peadittee for the bmalning Hughes Payments; and that Metropolitan Life and
Metropolitan Tower shall not, following the siping of this Pinal Order by the Court, have any
further payment obllption or liabillty (c:ontrac:tual or legal) to Ms. Hughes relativo to the_Tam
Payments. iPcludiag the Remaining Hughes Payments.
IT IS FURTHER ORDERED that the Remaining Hughe$ Payments shall remain the
property of Ms. Hughes, even tboulh said paymenta are to be paid and remitted to Peachtree
pursuant to the Servicing Ammacment and this Final Order.
IT IS FURTHER ORDBRED that Metropolitan Life and Metropolitan Tower are not
being forced or required or ordered to split or dillide any structured settlement/annuity payments
arnonpt Ms. Hughes and Peachtree and aball not be ~uired to do so in the fbturc.
FlNALQBDIB APPBO\')NC DANSRB OlPAlltfAL
BTBIJCDJBlp SmuMINf PAJMRIT llGRTS - hp 5 oC1
8
JLL-01-2015 12:10 From: The Coplj Cent.er 361 668 9652 To:18552B06757
6. The 1ransfer is in the best interest ofMs. Hughes, taking into accOUOl the welfare
and support ofher dependents.
7. Ms. Hushes Jw been advised in writing by Peachtree to seek tndopendent
professional advice zegardina tbe tramfor, and has either received the acMce or knowingly
waived die opportunity to seek and receive said advice in writiDJ.
8. Disclosures to the Payee were made, and notic;es of the hearing and the filing of
the Application were provided to all interested parties, inoluding Metropolitan Life and
Mettopolitan Tower (collectively, 50Qleffmer re&md to hetefn as "MetLife") in accordanc:c
wi1h tbe Texas Transfer Statute. Payee bas ~ acMsed that her death prior 10 the due date of
the last Hughes Assiped Payment shall not atfect the tran.Uet of the Hughes Assigned
Payments ftom Payee to Peachtree and Payee uoderatands she is giving up her rights, and the
rights of her heirs, successors and/or beneficiaries, to the Hushes AJsigned Payments, and
Payee has requested that this transfer be approved.
9. The Court bas considered the objection/opposition filed by Metropoli1an Tower
and Metropolitan Life and herby overrules and denies said objeationlopposltfon. Metropolitan
Tower and Metropolitan Life's iequeat for an award of attorneys fees is hereby denied.
1o. The Court ftutbe:r finds that Mearopolitan Tower 8Jld Metropolitan Ufc me not
beins and will not be required or direoted to divide any stnactured settlement/annuity payments
amongst Ms. Hughes and Peachtree or any other party.
11. This Order is a "Qualified Order" pursuant to 26 U.S.C. sec. 5891, et s~.
12. Ms. Hughes and Pcaclmee agreed that the purchase price to be paid relalivc to the
transaction between Peachtree and Ms. Hughes would be One Hundred fifty.Bight Thousand
Five Huncked Sixteen and 921100 Dollars ($158,516.92).
FOO,L OBPIR AtPJWYRfG TBANSFIB 0, PABTW.
mwgvmsm,pmrr UYMINtRIGIJD -heel ot7
6
JUL-01-2015 12:10 Fram:The Cap~ Cent.er 36:1 668 9652 Ta:18SS2906757
Based on th& foregoing findings and the evidence submitted to the Court and bcina
satisfied that the proposed ttansfer satisfies all applfcablo statutory requirements, IT IS
ORDERED, ADJUDOBD, AND DBCREBD that tbe Applbdon is GRANIED md U!e
tiaDSfer and assignment of Ms. Hupes right, Qtle, and inteiest in and to 1hc Hughes Assiped
Paymcmrs to Peachtree is APPROVBD.
IT IS FURTHER ORDERED that the MetLife Opposition is heteby denied and overruled
and the request for attorneys fees by Mctropolftan Tower and Metropolitan Life is denied.
lT IS FURTIIER ORDBRBD that in tunberance of the Court's order granting the
Application and approving 1he proposed ttansf'er described berdn. Metropolitan Life Insurance
Company IDd Mettopolitan ToMr Resources Oroup, Inc., are hereby authorized and directed to
pay and remit to Peachtree (as Ms. Hugbes'a designated and autbori7.ed payment aaent for
purposes of receiving the Term Payments) l 00% of the Team Payments (the monthly structured
settlement/annuity paymco.ts that come due and owing by Metropoli1an Life and/or Metropolitln
Tower ftom August of 2015 through April of 2035). when and as said payments come due.
Upon receipt of each monthly Tam Payment, Peachtree is entitled to retain the portion of each
Tenn Payntent that QODStitures a Hughes AS&igncd Payment (S l,S00.00 out of the total monthly
ptymeat of$ 6,S00.00 per mondl). and is ordered to pay and remit to Ms. Hughes the portion of
said Term Payments that constitute the R.omaining Hughes Payments. (Tbb ammgeme.ot shall
be referred to as the "Servicing Amngemml")
IT IS FUll'IHER. ORDERED 1hat the Term Payments shall be sent diiectly to Peachtree
by Metropolitan Life punuant to this order and the Servicing Arrangement described herein, at
the following addreas or to such other addrelS deslpated by Peachtree:
Fl1W, OBDIB t\fPBOYJNG TBAN&mt Of PARTIAL
mwctvBID SIDJIMINI PA\'MINT RIGHTS - Pap4 or7
7
JU.-01-2015 12: U From:The- Co"" Cent.er 361 668 9652 To:1BS52806757
Peachtree Settlement Fundmg. I.LC
P.O. Box 83364
Wobum, MA 01813~3364
IT IS FURTHER ORD.BRED that Mettopotitan Life and Metropolitan To\Wll' !hall
absolutely, hrevocably, and forever discharge and satisfy their legal and contractusl obligation
to make the Tmm Paymen1s (mclodiog the Hushes Assigned Payments and the Remaining
Hughes Payments) by paying and mnittiag said Tean Payments to Peachtree pursuadt to this
court order and the Servicing Anangmnent and by doing so, Metropolitan Life and Metropolitm
Tower are forever released from, and sball have not have, any current or :futute liability or
obligation to Ms. Hughes for the Term Payments. By sfgnins and approving this older, Ms.
Hughes acknowledges. undentands, and agrees 1hat sho will ~ivo the Remaining Hughes
Payments through Peachtree (u her designated payment agent solely for purposes of receiving
and distributing the Tenn Payments pursuant to the Servic!Dg Ammgemeot and this Final
Order) and that MctropolJtan Ute and Metropolitan Tower shall not be oblipled to make any
portion of the Tenn Payments dbcctly to Ms. Hughes; that Ms. Hughes shall look aolcly and
exclusively ro Peadittee for the bmalning Hughes Payments; and that Metropolitan Life and
Metropolitan Tower shall not, following the siping of this Pinal Order by the Court, have any
further payment obllption or liabillty (c:ontrac:tual or legal) to Ms. Hughes relativo to the_Tam
Payments. iPcludiag the Remaining Hughes Payments.
IT IS FURTHER ORDERED that the Remaining Hughe$ Payments shall remain the
property of Ms. Hughes, even tboulh said paymenta are to be paid and remitted to Peachtree
pursuant to the Servicing Ammacment and this Final Order.
IT IS FURTHER ORDBRED that Metropolitan Life and Metropolitan Tower are not
being forced or required or ordered to split or dillide any structured settlement/annuity payments
arnonpt Ms. Hughes and Peachtree and aball not be ~uired to do so in the fbturc.
FlNALQBDIB APPBO\')NC DANSRB OlPAlltfAL
BTBIJCDJBlp SmuMINf PAJMRIT llGRTS - hp 5 oC1
8
J\.L-01-2015 12:12 From:Th~ Copw Cent@r 361 668 9652 To:18552806757
IT IS FURTHER ORDERED that Metropolitan Life and Mettopolitan Tower shall
brevocably change the beneficiary for the Hughes Assigned Payments to the Transferee, and no
olber individual or entity other than the Transferee shall have the authority to change the
beneficiary for the Hughe$ Assigned Payments.
IT IS FURTHER ORDBRE.D that pursuant to the Texas Transfer Statute, by making and
delivering the Tc:im Payments to Peachtree as set forth in the preceding paragraphs, MetLife
shall. as to all puties except Peachtn:e, be discharged and released from any and all liability for
the Term Payments.
rt A1I costs of Cowt me taxal agtdl9t Metl::if'~. This Order is a final judgment md is
intended to and does fully and fUtally dispose of all claims and relief requested in this
proceeding. All olher relief not expressly piled in this order is DENIED.
July
SIGNED this~ day 0~2015.
9
JlJ..-01-2015 12: 12 From:The Cop~ Center 361 668 9652 To:18552806757 P.tte:EV9
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ATtORNEVJ FOR.PSACff.T.REa
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'OtYid W•lslt. Esq.
Sfa!D!Jar c...4NO,(J0786327
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1J1 N. Cmnclbua St.. SUiCCSl.O
Coipus Christ\ TX 1'4<>J
Tet. f.116) .882'-iOSS
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10
Jll.-01-2015 12:13 From:The Cop~ Center 361 668 9652 To:18552806757
Asreed to and Approved
As to Form and Substance:
NBSBIIT, VASSAR&: MCCOWN, LLP
158Sl Dallas Parkway, Suite 800
Addison, TX 75001
PH. (972) 371-2411
Telecopier-(9 ) 371-24
By: _~!!!f!l~~~...:::JU--
Earl S. N itt
Staui Bar No. 14916900
David S. Vassar
State Bar No. 20503175
AITORNEYS FOR PBACHTREB
SBlTLEMENT FUNDING. UC
APPROVBD AS TO FORM ONLY:
David Walsh, Esq.
State Bat Cam No. 00786327
dwalab@wulhlawcc.com
711 N. Carancahua St., Suite SlO ... ..
,('.
Cor:pus Christi. TX 78401
TcJ. (316) 882-2088
...
11 ·
Fax. (316) 288-8010
.A.ttorneysfor MM>opolltan Life Insurance
Company and Metropolitan Tower
Life Iruuran~ Company
OfCougsel
Andrew J. Lorin (Admitted Pio Hae Vice)
Drinker Biddle & Reath LLP
One Lopn SqUlll'C, Suite 2000
PbUadelphia, PA 19103
Telephone 215-988-2806
Facsimile 2ts-988-27S7
PJtfALOBDIR APPBQYDfG TMNSflR Of PA81UL
STRtJCJl]RID 5mYWW' PA\'MW RIGHTS -Pqe 7 of?
11