ACCEPTED
04-18-00008-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
1/22/2018 10:29 AM
No. 04-18-00008-CV
Court of Appeals, Fourth District FILED IN
4th COURT OF APPEALS
San Antonio, Texas SAN ANTONIO, TEXAS
1/22/2018 10:29:59 AM
KEITH E. HOTTLE
CLERK
In re Maria Cecilia Martinez
Relating to Cause No. PR-06-004
in the County Court at Law
Starr County, Texas
FIRST SUPPLEMENTAL RECORD ON MANDAMUS VOLUME
J. Joseph Vale
jvale@atlashall.com
State Bar No. 24084003
O. Carl Hamilton
och@atlashall.com
State Bar No. 08847000
ATLAS, HALL & RODRIGUEZ, LLP
818 Pecan/P.O. Box 3725
McAllen, Texas 78501
(956) 682-5501 (phone)
(956) 686-6109 (facsimile)
Attorneys for Real Parties in Interest
Maria Iris Trevino and Maria Del Rosario G. Pope
January 22, 2018
001
TO THE HONORABLE COURT OF APPEALS:
Real Parties in Interest Maria Iris Trevino and Maria Del Rosario G. Pope file
this First Supplemental Record on Mandamus Volume along with their Response to
Petition for Writ of Mandamus filed on this same date, relating to Cause No. PR-06-
004 in the County Court at Law, Starr County, Texas. This volume contains sworn
copies of pleadings and documents relevant to this proceeding and a transcript
authenticated by the court reporter. The entire volume has been bates stamped for
ease of citation. The index for this supplemental volume is attached as an exhibit
followed by the record documents.
Respectfully submitted,
ATLAS, HALL & RODRIGUEZ, LLP
818 Pecan/P.O. Box 3725
McAllen, Texas 78501
(956) 682-5501 (phone)
(956) 686-6109 (facsimile)
By: /s/ J. Joseph Vale
J. Joseph Vale
jvale@atlashall.com
State Bar No. 24084003
O. Carl Hamilton
och@atlashall.com
State Bar No. 08847000
Attorneys for Real Parties in Interest
Maria Iris Trevino and
Maria Del Rosario G. Pope
2
002
Verification
STATE OF TEXAS §
§
COUNTY OF HIDALGO §
Pursuant to Texas Civil Practice & Remedies Code § 132.001, on this day
personally appeared J. Joseph Vale and declares under penalty of perjury that the
following is true and corTect:
1. My name is J. Joseph Vale. I am one of the attorneys for Maria Iris
Trevino and Maria Del Rosario G. Pope, real parties in interest the
above-referenced cause. I am above the age of eighteen, have never
been convicted of a felony or a crime of moral turpitude, and am
competent to make this declarntion. The facts stated herein are within
my personal knowledge and are true and correct.
2. The documents and pleadings contained in Trevino and Pope 's First
Supplemental Record on Mandamus Volume are true and correct
copies of the originals appearing in the trial court's record. The
documents and authenticated transcript have been "bates stamped" for
ease of citation.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: January 22, 2018.
Ju rat
My name is J. Joseph Vale, my date of birth is December 19, 1986, and my
address is 818 W. Pecan Blvd., McAllen, Texas 78501, United States of America. I
declare under penalty of perjury that the foregoing is true and correct. Executed in
Hidalgo County, State of Texas, on the 22nd day of Janu
3
003
Certificate of Service
I certify that the foregoing document (and any attachments) was electronically
filed with the Clerk of the Court using the electronic case filing system of the Court.
I also certify that a true and correct copy of the foregoing was served on all counsel
of record on January 22, 2018, as follows:
Recipient: Attorney for: Served by:
Keith C. Livesay Executrix/relator Electronically if
(rgvappellatelaw@yandex.com) available, or by
LIVESAY LAW OFFICE Maria Cecilia G. email
517 West Nolana Martinez
McAllen, Texas 78504
Marcel C. Notzon, III Executors/real Electronically if
(mcn@notzonlawfirm.com) parties in interest available, or by
THE NOTZON LAW FIRM email
Northtown Professional Plaza Maria Celeste G.
6999 McPherson, Suite 325 Narro, Ignacio
Laredo, Texas 78041 Gutierrez, and Maria
Minerva G. Guerra
Hon. Romero Molina Respondent Certified mail,
Starr County Courthouse return receipt
401 N. Britton Avenue requested
Rio Grande City, Texas 78582
J. Joseph Vale
4
004
Record Index
First Supplemental Volume
Date Tab Document
11/16/16 1 Trevino and Pope’s Response to the Motion for Plea to the
Jurisdiction
11/17/16 2 Transcript of Hearing on Partial Settlement
01/04/18 3 Trevino and Pope’s Motion to Clarify or Amend Order (along
with proposed orders)
01/04/18 4 Martinez’s Response to Motion to Clarify or Amend Order
01/04/18 5 Order Setting Hearing on Motion to Clarify or Amend Order
(signed)
01/09/18 6 Martinez’s proposed orders on Motion to Clarify or Amend
Order
01/09/18 7 Amended Order Denying Plea to the Jurisdiction (signed)
5
005
TAB 1
OF THE RECORD
006
CAUSE NO. PR-06-004
IN THE ESTATE OF § IN THE COUNTY COURT
§
IGNACIA G. GUTIERREZ, § OF
§
DECEASED § STARR COUNTY, TEXAS
RESPONSE TO THE MOTION FOR PLEA TO THE JURIDICTION
TO THE HONORABLE JUDGE OF SAID COURT:
MARIA DEL ROSARIO POPE and MARIA IRIS G. TREVINO, two of the
Executors of the Estate of Ignacia Gutierrez, file this response to the Motion for Plea to
the Jurisdiction filed by Maria Cecilia G. Martinez, Maria Celeste G. Narro, Jose \.
Gutierrez and Maria Minerva G. Guerra and say:
1. In the Motion for Plea to the Jurisdiction, the Movants misstate which motions
have been filed on behalf of Maria del Rosario G. Pope and Maria Iris G. Trevino.
a. The plea refers to the Motion to Allow One Executor to Convey Property
and Sign Distribution Deeds. That motion was filed by Marlane Meyer on behalf of Maria
Cecilia G. Martinez, and not by the undersigned attorney.
b. The Motion to Allow Three Executors to Convey Property, or Alternatively
Remove Executors Refusing to Sign Distribution Deeds was also filed by Marlane
Meyer, and not by the undersigned attorney.
2. The other motions mentioned in the Motion for Plea to the Jurisdiction were filed
by the undersigned the attorney, and the court does have jurisdiction to consider those.
a. Third Amended Motion to Allow Executors to Convey Property and Sign
Distribution Deeds. Section 307.002(b) of the Estate Code authorizes the court to allow
fewer than all to sign.
007
b. Motion to Remove Independent Executors. The court is authorized to do that
pursuant to Sections 404.003 and 404.0035 of the Estate Code for gross
mismanagement of Estate funds.
c. Motion to Have Accounting Deemed Accepted. Section 405.001 of the Estate
Code provides that any interested person may petition the court for an accounting or
distribution. The motion before the court is to get the accounting accepted, and hence
the court has jurisdiction over that.
d. Motion to Require the Co-Executors to Provide Information. This is in the
nature of discovery, and all of the Texas Rules of Civil Procedure, including the
discovery rules, are applicable to probate proceedings (Rule 2, Texas Rules of Civil
Procedure). Hence, the court has jurisdiction of discovery matters and may impose
sanctions if the court's discovery orders are not complied with.
3. Maria del Rosario G. Pope and Maria Iris G. Trevino have now filed a motion
asking the court for an order requiring distribution of the Estate. The court's jurisdiction
is therefore invoked under Section 405.001 of the Estate Code, and the court has
jurisdiction to order distribution of the Estate.
4. The court therefore has jurisdiction to decide all of the above-mentioned motions
pending before the court, and the Motion for Plea to the Jurisdiction should be denied.
WHEREFORE, PREMISES CONSIDERED, Movants pray that the Court deny
the Motion to the Plea to the Jurisdiction filed by Maria Cecilia G. Martinez, Maria
Celeste G. Narro, Jose I. Gutierrez, and Maria Minerva G. Guerra.
008
Respectfully submitted,
ATLAS, HALL & RODRIGUEZ, LLP
P. O. Drawer 3725 (78502)
818 West Pecan Boulevard
McAllen, Texas 78501
(956) 682-5501
(956) 686-6109 - Facsimile
By:
O.C. Hamilton, Jr.
Texas State Bar No. 08847000
E-Mail: och@atlashall.com
Attorney for Maria Iris G. Trevino and Maria Del
Rosario G. Pope
CERTIFICATE OF SERVICE
I hereby certify that on I have served a true and correct copy of the above and
foregoing document on the parties or their attorneys of record through the electronic
filing manager and in accordance with Rule 21a of the Texas Rules of Civil Procedure
on the /(/(h day of November 2016 ..
mcn@notzonlawfirm.com
Marcel C. Notzon, III
The Notzon Law Firm
Northtown Professional Plaza
6999 McPherson, Suite 325
Laredo, Texas 78041
O.C. Hamilton, Jr.
009
TAB 2
OF THE RECORD
010
1
CAUSE NO.PR-06-004
REPORTER’S RECORD
IN THE MATTER OF § IN THE COUNTY COURT
§
THE ESTATE OF § AT LAW
§
IGNACIA G. GUTIERREZ § STARR COUNTY, TEXAS
* * * * * * * * * * * * * * * *
PRETRIAL HEARING ON ALL PENDING MOTIONS
* * * * * * * * * * * * * * * *
On the 17TH day of November, 2016, the following
Proceedings came on to be heard in the above-entitled and
numbered cause, before the Honorable Romero Molina, Judge
Presiding, held in Rio Grande City, Starr County, Texas
Proceedings reported by oral stenography
011
2
A P P E A R A N C E S:
MARCEL C. NOTZON, III
THE NOTZON LAW FIRM
State Bar of Texas No. 15119001
6999 McPherson Rd., Suite 325
Laredo, Texas 78041
Tel. (956)717-1961
Fax
ATTORNEY FOR THE ESTATE
JOHN ANDREW ‘JOHN’ RIGNEY
RIGNEY LAW FIRM
State Bar of Texas No. 24089356
4712 N. McColl Road
McAllen, Texas 78504
Tel. (956) 638-6421
Fax:
ATTORNEY FOR CECILIA MARTINEZ
OSCAR C. ‘CARL’ HAMILTON, JR.
ATLAS, HALL & RODRIGUEZ, LLP
State Bar of Texas No. 08847000
818 West Pecan Boulevard
P.O. Box 3725
McAllen, Texas 78502-3725
Tel. (956)682-5501
Fax
JUDGE JOHN A. POPE, III
LAW OFFICE OF POPE AND POPE, PLLC
State Bar of Texas No. 16133000
200 N. Britton Ave.
Rio Grande City, TX 78582
Tel. (956)488-1896
Fax
ATTORNEYS FOR MARIA GUTIERREZ TREVINO
AND MARIA ROSARIO G. POPE.
012
3
1 THE COURT: The Court is going to call PR-
2 06-004, In the Matter of the Estate of Ignacia G.
3 Gutierrez.
4 MR. NOTZON: Marcel Notzon on behalf of the
5 Estate of Ignacia G. Gutierrez.
6 MR. HAMILTON: Carl Hamilton on behalf of
7 Iris Trevino and Rosario Pope.
8 MR. RIGNEY: John Rigney, Your Honor, on
9 behalf of Ms. Martina Cecilia Martinez -- I mean, Cecilia
10 Martinez.
11 MR. NOTZON: Judge, basically, we’ve had
12 various discussions and I thing we’ve reached an agreement
13 with regard to how the estate should proceed forward. And,
14 basically, our agreement is as follows: With regard to the
15 survey of the Mirasoles Ranch and Chapote Ranch, that will
16 be -- proceed forward; will be paid from the estate up to
17 twelve thousand dollars. There’s Rosario Pope had her
18 property surveyed previously, I think a few years ago, and
19 the estate will reimburse her three thousand for that per
20 agreement. They said it was six thousand, but she’s agreed
21 to three thousand. And, you know, no compensation for her
22 services.
23 Basically, the parties have agreed to a
24 mutual accountant that both Cecilia Martinez and Rosario
25 Pope use, which is Rolando Flores. He will do an
013
4
1 accounting of the estate for the past couple of years.
2 And basically, with regard to the ETT
3 litigation --
4 MR. HAMILTON: Excuse me just a minute. And
5 he will be paid by the people who hire him and not the
6 estate.
7 MR. NOTZON: Right. At this time, that’s
8 correct.
9 MR. NOTZON: And basically -- and with
10 regard to the ETT litigation, there was a separate --
11 THE COURT: I’m sorry. What is that?
12 MR. NOTZON: ETT Versus -- there’s some
13 property that belonged to three of heirs -- I think Jose
14 Ignacio Gutierrez, Minerva Guerra and Celeste Narro. There
15 was litigation on that. There’s two hundred and twelve
16 thousand in the registry of the court. They’ve agreed that
17 the estate is -- has no interest in that property pursuant
18 to the law, and so they’re relinquishing any and all claim
19 to those funds. So any settlement with ETT --
20 THE COURT: There’s litigation still pending
21 regarding that matter?
22 MR. NOTZON: Right.
23 THE COURT: And they’re giving up any
24 interest in the litigation and in the funds.
25 MR. NOTZON: That’s correct.
014
5
1 MR. HAMILTON: Correct.
2 MR. NOTZON: Mr. Hamilton and his clients
3 agree to that. Also -- what’s the last thing?
4 MR. HAMILTON: There’s two other --
5 MR. NOTZON: Oh, with the cattle, both sides
6 will do a new inventory of the cattle. Mr. Schifelbaum can
7 go over to the Mirasoles Ranch and the 377 acres just to
8 verify what cows and cattle are there. And they can have a
9 representative go to the Chapote Ranch and verify what
10 cattle are there. We’ll try to get that done by, maybe,
11 November 30th or the first week in December, according to
12 the schedule of the parties. And then we can allocate the
13 cattle accordingly, by agreement, or --
14 MR. HAMILTON: We’ve already inventoried and
15 furnished them with an inventory. They furnished us with
16 an inventory. There’s about two or three cows difference.
17 So our agreement, after we verify that, is going to be that
18 whatever is on the Chapote Ranch, they keep. Whatever is
19 on the Mirasoles Ranch, the owners of that keep.
20 MR. NOTZON: Subject to this accounting.
21 THE COURT: Correct, unless there’s some
22 discrepancies in the accounting.
23 MR. HAMILTON: The other -- the other
24 agreement, Your Honor, is with respect to the deeds for
25 distribution of the estate. Way back in 2009, Mr. Notzon
015
6
1 prepared some deeds. And some of the folks got them and
2 recorded, and they’re incorrect in many respects.
3 Number 1, they convey all the minerals to
4 those grantees, and the deed provides that all the minerals
5 go into a mineral trust, so that’s wrong. The deeds also
6 convey some property that the estate didn’t own. And the
7 deeds may or may not take into account the disclaimers. We
8 only have some of the deeds and not all of them.
9 So we need to redo those deeds and file
10 correction deeds. And as the Court knows, the grantees are
11 going to have to sign off on all those deeds because
12 they’re substantive changes in them. And so we need an
13 agreement that once the deeds are prepared and ready to by
14 executed, that the grantees of the deeds will all sign off
15 on those.
16 Will they agree to that?
17 MR. NOTZON: Right, to the extent that
18 there’s an error on that, that will be corrected. All of
19 the beneficiaries, including the ones that received
20 disclaimers, need to have a proper deed. So to the extent
21 that there’s an error on those deeds, we’ve agreed to
22 correct that and give the respective percentages.
23 THE COURT: There’s new --
24 MR. HAMILTON: I beg your pardon?
25 THE COURT: There’s new law regarding
016
7
1 corrections. I’m assuming you all will follow that.
2 MR. HAMILTON: Yes, Your Honor. That’s what
3 requires --
4 THE COURT: Do affidavits and stuff like
5 that in lieu of actual correction deeds.
6 MR. HAMILTON: That’s what requires the
7 grantees to sign off on them.
8 THE COURT: Then you’re aware of that and
9 will comply with those.
10 MR. NOTZON: Just by way of example -- just
11 -- so I think we’re on the same page. For example, Rosario
12 Pope, she disclaimed fifty percent of certain property of
13 the estate and twenty-five percent went to Douglas Pope,
14 and twenty-five -- her son -- and twenty-five percent to
15 Rachel Pope, her daughter. So basically, instead of
16 receiving 1/6th she’s going to receive 1/12th, and each of
17 the children will receive 1/24th. Or he wanted to put it in
18 percentages like 50% of 1/6th, and then 25% of 1/6th to
19 Douglas, 25% of 1/6th to Rachel. Is that correct?
20 MR. HAMILTON: Yes.
21 MR. NOTZON: Okay.
22 MR. HAMILTON: Now the other thing is that
23 we prepared -- when we were asked to prepare the deeds to
24 distribute the entire estate, we did so for, not only the
25 clients that own Mirasoles, but also the parties that own
017
8
1 the Chapote Ranch. And up until now, I don’t think there’s
2 been any agreement on the descriptions that Mr. -- that
3 Judge Pope found. That’s why they wanted these surveyed.
4 I intend to -- with the Court’s permission?
5 We have a motion pending for two executors to sign these
6 deeds, rather than all of them. And my motion would ask
7 the Court to grant that and allow these two executors to
8 sign these deeds. And we proposed to sign the deeds to
9 Mirasoles and everything that goes to Iris and Rosario, but
10 not deeds to your other folks if they don’t want them. If
11 they want to use the deeds we prepared, fine. If you want
12 to do some other deeds or whatever, we don’t care, because
13 I don’t represent those people on those deeds. So I think
14 we need to have --
15 THE COURT: And those deeds are property
16 that’s not going to covered by this re-survey of these two
17 ranches?
18 MR. HAMILTON: No, these are in addition to.
19 THE COURT: They’re in addition?
20 MR. HAMILTON: They’re in addition.
21 THE COURT: You don’t have any problems with
22 those legal descriptions?
23 MR. NOTZON: Well, that’s why we need the
24 survey for Cecilia. Specifically, on my client, I don’t
25 think there will be a problem for the Chapote Ranch, but --
018
9
1 or for those set of executors and beneficiaries. But for
2 Mirasoles, there is Iris and Cecilia that are receiving the
3 bulk of Mirasoles. There’s about a hundred and fifteen
4 acres that has to be carved out of Mirasoles.
5 And Mr. Hamilton is correct. We have to
6 agree on the dimensions. She specifies, “We want it on
7 Escobas Road.” And so we need to figure out where are
8 those -- what dimensions are the hundred and fifteen acres
9 are going to be from, and then get a metes and bound
10 description of that. So this survey should help us get
11 that done, to the extent that there are judicial
12 partitions, which I think there are in several of the
13 properties. I think, generally, we’re going to have to go
14 with the judicial partition even if there is a shortage or
15 excess acres.
16 They will know exactly where, per the
17 survey, the fence lines of the property are. You know,
18 well you’ve got five acres excess or five acres short,
19 they’ll know that, for their own dealings in the future,
20 which is, I assume why Rosario had hers done a couple of
21 years ago -- her three hundred and seventy-seven acres.
22 But generally, once we -- the surveys should
23 be ready within about ten to fourteen days. Once I get
24 that, I’ve agreed to give that to Mr. Hamilton and Mr.
25 Pope. And from there, I’ve very hopeful we should reach an
019
10
1 agreement as to what the deeds should say. So I don’t
2 there should be any --
3 THE COURT: Who is the surveyor?
4 MR. NOTZON: It is Howland Engineering out
5 of Laredo. And they’re also doing the ad joinders, as the
6 Court had suggested. And they’ve also done not as much as
7 Melvin and Hunt, but they’ve done -- I mean, their price
8 was very reasonable at twelve thousand for both of these
9 properties.
10 MR. RIGNEY: If I may, Judge? My client is
11 -- in this agreement that we’re doing, the understanding
12 was that we are no longer pursuing the only -- only two of
13 the heirs to be the executors. And we were honoring the
14 intent of the Will, which was there’s four independent
15 executors, and those four independent executors will be
16 left alone to do their job. Which means after the surveys
17 are complete -- and Your Honor is correct in the fact that
18 the survey will affect the Mirasoles Ranch as well -- the
19 descriptions will be found properly. The surveys will be
20 done. There’ll be new deeds done to everybody and they
21 will be approved by the four independent executors,
22 according to the will of the deceased.
23 And that was the understanding that we were
24 coming forth here today before Your Honor. If that is --
25 if I’m mistaken in that understanding, then we need to go
020
11
1 back to the drawing table.
2 MR. HAMILTON: Well, we didn’t really
3 discuss that in there in our settlement discussion.
4 MR. RIGNEY: No, we said --
5 MR. HAMILTON: The Court has the authority
6 to authorize less than the four or less than the six to
7 sign the deeds.
8 THE COURT: Well why don’t get all the
9 survey work and all that, and then maybe we can cross that
10 bridge when we get to it.
11 MR. HAMILTON: Who’s going to sign the
12 deeds, yeah.
13 MR. NOTZON: Yeah, and there may not be a
14 problem.
15 THE COURT: See if you can agree on all of
16 the descriptions and then get a preliminary agreement on
17 that. And then it shouldn’t even matter who’s going to
18 sign on them, as long as everybody is in agreement.
19 MR. NOTZON: Okay. I think that’s a good
20 agreement, Judge.
21 THE COURT: Is that satisfactory to all
22 parties? Mr. Hamilton, is that okay with you?
23 MR. HAMILTON: That’s fine, Judge.
24 THE COURT: Counsel?
25 MR. NOTZON: That’s fine.
021
12
1 MR. HAMILTON: The other thing that we
2 needed to discuss was we need to get the house sold. And I
3 think we’ve agreed that --
4 MR. NOTZON: I’m going to contact a realtor
5 to get a proposal.
6 MR. HAMILTON: I forgot his name already.
7 THE COURT: Let me elicit his approval.
8 You’re okay with that as well, that we’re going to get this
9 survey done.
10 MR. RIGNEY: What Your Honor proposed.
11 THE COURT: When we get an agreement on all
12 the legal descriptions, then we’ll decide on who is going
13 to be actually be signing the documents.
14 MR. RIGNEY: I’m okay with that at this
15 time, Your Honor.
16 THE COURT: Okay. Go ahead. I’m sorry, Mr.
17 Hamilton. Go ahead.
18 MR. HAMILTON: A realtor here or in McAllen
19 is going to contact Mr. Notzon. What’s his name?
20 THE COURT: Which house is this that is
21 going to be sold?
22 MR. POPE: Michael Ramey.
23 THE COURT: Which house is this that is
24 going to be sold?
25 MR. HAMILTON: Mrs. Gutierrez’, the
022
13
1 Testator.
2 THE COURT: Oh, the one by the highway?
3 MR. HAMILTON: Yeah, it needs to be sold to
4 stop the taxes and the upkeep and everything on it. And
5 Mr. Ramey --
6 THE COURT: No one is in the house at
7 current?
8 MR. HAMILTON: No, sir.
9 THE COURT: No one is occupying the house?
10 MR. NOTZON: No one is occupying it.
11 THE COURT: Mr. Ramey, he’s a recognized
12 realtor in the area. Is there any problem with Mr. Ramey?
13 MR. HAMILTON: He’s going to use --
14 MR. NOTZON: I think, just so it’s clear for
15 the beneficiaries, this is solely to get a proposal from
16 Mr. Ramey --
17 MR. HAMILTON: To get a value.
18 MR. NOTZON: -- What he believes the value
19 is, then that would have to be --
20 MR. HAMILTON: Right. Agreed to.
21 MR. NOTZON: -- agreed to by the executors.
22 MR. RIGNEY: Any my client is --
23 MR. NOTZON: Whether someone wants to keep
24 it or --
25 THE COURT: He’s not an appraiser. He’s
023
14
1 just a realtor.
2 MR. HAMILTON: He’s just a realtor.
3 THE COURT: So you just want to get his
4 opinion on that?
5 MR. NOTZON: Right, like a market analysis
6 that they normally do.
7 MR. HAMILTON: Because there is no appraiser
8 here, we understand, in Starr County that does real estate
9 appraisals.
10 MR. RIGNEY: Your Honor, if --
11 THE COURT: There’s some, but they’re highly
12 inaccurate, and it would be very unreasonable to find ad
13 joiners and to get numbers that are going to get us a real
14 idea. The tax rolls, I don’t think, would be accurate as
15 well, so. That’s a good place, I guess, to start.
16 So there’s no problem with Mr. Ramey, then,
17 giving us a number and then we’ll go from there?
18 MR. NOTZON: No.
19 MR. HAMILTON: No.
20 MR. RIGNEY: The only issue with my client
21 is that anything having to do with that home is to be
22 administered by the Independent Executors, not Mr.
23 Hamilton. The Independent Executors to estate right now
24 are in charge, and so they’re the ones that want to make
25 the decisions on that particular home.
024
15
1 MR. HAMILTON: I don’t administer anything,
2 Your Honor.
3 THE COURT: All we’re trying to do is --
4 apparently there’s been an effort to sell the house, and
5 that effort should start with Mr. Ramey giving you a number
6 as to what he thinks its worth. After that, there’s
7 nothing to bind anybody to do anything.
8 MR. NOTZON: Exactly. It’s not binding
9 them.
10 MR. RIGNEY: Right.
11 THE COURT: Except if they number they like
12 and they want to engage him to try to sell it --
13 MR. NOTZON: Exactly.
14 THE COURT: -- then you all agree, then we’ll
15 go over and start doing that.
16 MR. NOTZON: We’ll cross that bridge once we
17 get the proposal.
18 THE COURT: Nothing else is going to occur.
19 MR. RIGNEY: Absolutely. I just -- my
20 client just wanted it to be clear on the record that that’s
21 something for the Independent Executors to --
22 THE COURT: You have no problem with Mr.
23 Ramey being contacted to give that number?
24 MR. RIGNEY: Well, the only issue I have is
25 that, like I said, the Independent Executors will make a
025
16
1 decision as to contacting -- I guess we’ll take the
2 initiative as to contact Mr. Ramey and his qualifications.
3 So, at this point --
4 THE COURT: There’s no agreement on that
5 then?
6 MR. HAMILTON: I don’t care if they contact
7 Mr. Ramey.
8 MR. RIGNEY: Yeah.
9 THE COURT: Okay, what else -- what else do
10 we need to talk about then?
11 MR. RIGNEY: Um, the only other issue,
12 actually, that my client is quite adamant about, Judge, is
13 that, tentatively, the proposal has been for there to be an
14 accounting done of the last --
15 THE COURT: Okay, let’s do a little time out
16 here. I was told I was listening to an agreement. If we
17 don’t have an agreement, then I’ve got to hear Motions and
18 go from there.
19 MR. NOTZON: This is the last point, Judge.
20 MR. RIGNEY: This is the last point.
21 THE COURT: If you all don’t have an
22 agreement, then there’s nothing for me to be listening to.
23 MR. NOTZON: Yeah, this is the last point.
24 THE RIGNEY: I thought --
25 THE COURT: If it’s a contentious point,
026
17
1 then we don’t have an agreement.
2 MR. NOTZON: I don’t think it’s very
3 contentious.
4 MR. RIGNEY: It’s pretty bad.
5 THE COURT: Then we don’t have an agreement
6 then.
7 MR. NOTZON: I think the only --
8 MR. RIGNEY: It’s --
9 MR. NOTZON: Go ahead.
10 MR. RIGNEY: The issue, Your Honor, is
11 that --
12 THE COURT: I’m going to postpone that
13 discussion until after we get surveys and continue
14 negotiating that. I’ve got a Plea to the Jurisdiction.
15 I’ve got a Motion to Disqualify Attorneys. I’ve got his
16 Motion to let two people sign the deeds.
17 MR. RIGNEY: Right.
18 THE COURT: I’m holding off on that because
19 you say have an agreement. If you don’t have an agreement,
20 then I’ve got to go and start hearing these motions.
21 MR. RIGNEY: The only contention, Your
22 Honor, if I may, just to please the Court? It’s that Mr.
23 Hamilton’s position is, on the accounting, that my client
24 should pay for it out of her own pocket. However, it is an
25 accounting of the estate money. And so my client’s
027
18
1 position is because it is an accounting of the estate
2 money, the estate should pay for that accounting.
3 THE COURT: So in other words, there was an
4 announcement that that was going to be paid by them
5 individually?
6 MR. HAMILTON: Right.
7 THE COURT: And now you’re saying that’s not
8 the agreement?
9 MR. RIGNEY: My understanding was they were
10 going to hire him subject to review. If there is no
11 discrepancies within the accounting, then I will speak to
12 my client and say, “Look, because there were no
13 discrepancies, there’s no problems, it was sort of a
14 needless accounting. You should pay for it individually.”
15 However, it’s subject to the review. If there is
16 discrepancies within the accounting, then I believe that
17 the estate should pay for it. So that’s kind of -- it’s
18 kind of up in the air.
19 MR. NOTZON: Whether or not there’s
20 discrepancies, all I’m saying, Judge, is this something
21 that, you know, maybe we can cross that bridge or have the
22 right to come back and have the estate pay for it. I mean,
23 it is an estate matter. It’s not individual matters. And,
24 you know, I think we both made a lot of concession, but
25 this is something that we’ve agreed to reimburse her the
028
19
1 three thousand dollars for her own personal survey that she
2 did, so -- I mean, they --
3 THE COURT: Well, why don’t we do this? Why
4 don’t we have this individual retained by them, personally,
5 and then if he comes up with discrepancies that satisfy me
6 that they were substantial enough, then I can order part or
7 some or all of it to be reimbursed by the estate.
8 MR. HAMILTON: Sounds fair.
9 MR. NOTZON: I think -- and I think that
10 sounds reasonable. I think the only thing is, since it’s
11 an estate matter, that they would like to have the right to
12 request the Court to have --
13 THE COURT: Well the estate is already done,
14 if they want to review, basically, what the estate has
15 done?
16 MR. HAMILTON: Exactly.
17 THE COURT: And if they want to do that,
18 they should pay for it. And if their review says, “Wow,
19 this really bad work”, then I can say, “Well, guess what,
20 I’m going to pay you from the estate because the estate did
21 a bad job on it.”
22 MR. NOTZON: Well, that’s the problem.
23 THE COURT: But I don’t think I should make
24 the estate pay for it unless that has been established.
25 MR. NOTZON: Well, we haven’t -- that’s the
029
20
1 problem, Judge. We haven’t gotten an accounting. They
2 can’t point to anything in the file that says, “Judge,
3 here’s our accounting that we did. Here it is. Look at
4 it. We think it’s in order.” There is none.
5 THE COURT: So what are they going to review
6 then?
7 MR. NOTZON: They’re going to review just
8 bank statements, checks, things of that nature just to see,
9 okay, there was hay. There was fences built. There was
10 dozer work done.
11 THE COURT: They’ve provided some form of an
12 accounting, haven’t they?
13 MR. NOTZON: No. None.
14 MR. RIGNEY: If I may, Your Honor? What
15 we’re trying to look at is an equitable distribution of the
16 estate funds. So there is talks about, like dozer work
17 done on one ranch, and it only benefits that ranch. So,
18 therefore, that particular portion of the dozer work that
19 only benefitted one ranch should be disproportionally
20 credited to the other ranch. If there was hay and feed
21 purchased for animals, for the cows, we need to distribute
22 that according to the ranches. So it’s kind of just trying
23 to do an equitable distribution rather that a prorated
24 distribution, Judge.
25 MR HAMILTON: Your Honor, in July, Mr.
030
21
1 Notzon’s wife came to our office and picked up for the
2 years 2014, ’15 and ’16, bank statements, receipts and
3 check registers. And they’ve had everything that we have
4 since July. She writes on there that there are no
5 cancelled checks. That’s true because the bank stopped
6 sending cancelled checks unless you wanted to pay for them.
7 And we told them if they wanted to pay for them, we would
8 get the canceled checks, but they declined that. So they
9 have all of the accounting documents that we have for their
10 person to look at.
11 THE COURT: If that person wants to review
12 it and make any objections, they should pay for it. And
13 if, then, there is some objections on, like you’re saying
14 about dozer work and stuff, I can deal with that and then
15 decide how much to reimburse them from the estate.
16 MR. RIGNEY: Yes, Judge.
17 THE COURT: Is that satisfactory to the
18 parties?
19 MR. HAMILTON: Satisfactory. Yes, sir.
20 MR. RIGNEY: Yes, Your Honor.
21 MR. NOTZON: Yes.
22 THE COURT: Okay, anything else that we need
23 to talk about?
24 MR. HAMILTON: I don’t think so.
25 THE COURT: Great. I want to thank you all
031
22
1 for your diligent efforts to conclude this estate, and,
2 hopefully, an agreement can be reached after these surveys
3 are done. And if not, then we’ll expeditiously resolve
4 this matter by proceedings here before the Court.
5 MR. RIGNEY: Thank you, Judge.
6 MR. HAMILTON: Thank you, Judge.
7 MR. NOTZON: Okay. Thank you, Judge.
8 THE COURT: Who’ll prepare an Order of what
9 we talked about today.
10 MR. HAMILTON: Okay.
11 MR. NOTZON: Yeah. There will -- I guess we
12 may need the transcript. But, hopefully, once we get the
13 survey, we’ll provide it to them and they can let me know
14 what they think needs to be corrected with the deeds.
15 THE COURT: So may assume, for now, that the
16 Plea to the Jurisdiction is being withdrawn, or do I keep
17 all these motions still pending.
18 MR. NOTZON: Well, if they’re not
19 withdrawing about the two executors, I think that will just
20 -- those two will remain pending.
21 MR. RIGNEY: But the agreement was to
22 withdraw it?
23 THE COURT: There’s also a motion to
24 disqualify an attorney. Is that --?
25 MR. HAMILTON: No, we’re not going to
032
23
1 withdraw that yet till the Judge -- till we get all the
2 surveys done.
3 MR. RIGNEY: I guess we have to leave them
4 pending, including the Motion to Disqualify.
5 THE COURT: The Motion to Disqualify? Okay,
6 no, that’s fine. We’ll leave all that pending. Hopefully,
7 we can resolve these matters.
8 MR. NOTZON: Thank you, Judge.
9 MR. RIGNEY: Thank you, Judge. May I be
10 excused?
11 MR. HAMILTON: Thank you.
12 MR. NOTZON: Have a nice day.
13 (End of Proceeding)
14
15
16
17
18
19
20
21
22
23
24
25
033
24
THE STATE OF TEXAS §
COUNTY OF HIDALGO §
I, Alma A. Garza, Official Court Reporter in and
for the County Court At Law of Starr County, State of
Texas, do hereby certify that the above and foregoing
contains a true and correct transcription of all
portions of evidence and of other proceedings
requested in writing by Counsel for the parties to be
included in this volume of the Reporter’s Record, in
the above-styled and numbered cause, all of which
occurred in open court and were reported by me.
I further certify that this Reporter’s Record of
the proceedings truly and correctly reflect the
exhibits, if any admitted by the respective parties.
I further certify that the cost for this
Reporter’s Record is $96.00 and will be paid by the
Hon. Marcel C. Notzon and $96.00 will be paid by Hon.
Carl Hamilton.
WITNESS BY OFFICIAL HAND this the 30th of
November, 2016.
________________________________
ALMA A. GARZA, TEXAS C.S.R. 3053
Expiration Date 12/31/17
401 N. Britton Ave., Room 305
Rio Grande City, Texas 78582
Court: (956)487-8502
Mobile: (956)821-9025
034
TAB 3
OF THE RECORD
035
Filed: 1/4/2018 10:45 AM
Dennis D. Gonzalez
County Clerk
Starr County, Texas
Lilly Guerrero
CAUSE NO. PR-06-004
IN THE ESTATE OF § IN THE COUNTY COURT
§
IGNACIA G. GUTIERREZ, § OF
§
DECEASED § STARR COUNTY, TEXAS
MOTION TO CLARIFY OR AMEND ORDER
TO THE HONORABLE JUDGE OF SAID COURT:
MARIA DEL ROSARIO G. POPE and MARIA IRIS G. TREVINO, two of the
Executors of the Estate of Ignacia G. Gutierrez, file this Motion to Clarify or Amend
Order, and say:
1. On May 22, 2017, the Court signed an order denying Maria Cecilia G.
Martinez's Plea to the Jurisdiction ("Order''). That order states that "the administration of
the Estate will be treated as dependent administration." A copy of that order is attached
as "Exhibit A" for the Court's convenience.
2. At the time the Court signed its Order, the Court had several motions
pending before it which the Court had jurisdiction to consider under the Estates Code.
Martinez's plea to the jurisdiction nonetheless argued that this Court lacked jurisdiction to
take further steps in this probate administration. Pope and Trevino argued that the Court
has jurisdiction.
3. Pope and Trevino thus understood the Order's "treated as dependent"
language to mean that the Court it intended to hear the other motions before it and decide
for itself whether it can and should grant the relief requested. Martinez, however,
construed the Order's language to mean that the Court was converting the administration
from independent to dependent. Martinez filed a petition for writ of mandamus largely
036
based on her interpretation of the Order, and the San Antonio Court of Appeals dismissed
her mandamus petition for want of jurisdiction in case number 04-17-00333-CV. It is
possible, however, that Martinez can attempt to re-file the same mandamus complaint.
4. To avoid further costs and delays, Pope and Trevino respectfully ask the
Court to clarify that it did not intend to convert the administration from independent to
dependent. This could be accomplished by a separate order or by signing the attached
proposed amended order, which denies Martinez's plea to the jurisdiction but does not
include the "treated as dependent administration" language.
WHEREFORE, PREMISES CONSIDERED, Maria Del Rosario G. Pope and Maria
Iris G. Trevino pray that the Court grant this Motion to Clarify or Amend Order and that the
Court remove the "treated as dependent" language from its May 22, 2017 order. Pope
and Trevino also request such other and further relief to which they may be justly entitled.
Respectfully submitted,
ATLAS, HALL & RODRIGUEZ, LLP
P. 0. Drawer 3725 (78502)
818 West Pecan Boulevard
McAllen, Texas 78501
(956) 682-5501
(956) 686-6109 - Facsimile
E-Mail: och@atJas~'
By: (}t, .
O.C. Hamilton, Jr.
Texas State Bar No. 0884 7000
Attorney for Maria Iris G. Trevino and Maria Del
Rosario G. Pope
Motion to Amend or Clarify Order - Page 2
037
CERTIFICATE OF SERVICE
I hereby certify that on I have served a true and correct copy of the above and
foregoing document on the parties or their attorneys of record through the electronic filing
manager and in accordance with Rule 21 a of the Texas Rules of Civil Procedure on the
3rd day of January, 2018.
Marcel C. Notzon, Ill
The Notzon Law Firm
Northtown Professional Plaza
6999 McPherson, Suite 325
Laredo, Texas 78041
Email: mcn@notzonlawfirm.com
Keith C. Livesay
Livesay Law Office
Brazos Suites No. 9
517 West Nolana
McAllen, Texas 78504
Email: RGVAppellateLaw@yandex.com
Dalinda B. Garcia
Law Office of Dalinda B. Garcia, P.C.
4847 S. Jackson Rd., Suite E
Edinburg, Texas 78539
Email: dalindabgarcialawoffice@yahoo.com
O.C. Hamilton, Jr.
Motion to Amend or Clarify Order - Page 3
038
Filed: 5/22/2017 4:01:27 PM
Dennis D. Gonzalez
County Clerk
; Starr County, Texas
Lilly Guerrero
Cause No. PR-06-004
In Re: Estate of § In the County Court
§
Ignacia Gutierrez § of
§
Deceased § Starr County, Texas
ORDER DENYING
PLEA TO JURISDICTION
Came on to be heard Cecilia Martinez's Plea to the Jurisdiction, and the Court, having
considered the motion, any response thereto, along with the arguments and authorities of
counsel, finds that such motion is not well taken; and accordingly, it is hereby
ORDERED that the administration of the Estate will be treated as dependent
administration.
Signed and Entered on this the z-i,
E PRESIDING
cc: Ricardo Ramos, raramoslaw@gmail.com
John Pope, Ilf, popeandpopelawfirm@gmail.com
John Rigney, rigneylaw@aol.com
Marcel Notzon, mcn@notzonlawfirm.com
O.C. Hamilton, och@atlashall.com
Dalinda B. Garcia, dalindabgarcialawoffice@yahoo.com
Keith C. Livesay, RGVAppeIIateLaw@yandex.com
EXHIBIT
I A
039
CAUSE NO. PR-06-004
IN THE ESTATE OF § IN THE COUNTY COURT
§
IGNACIA G. GUTIERREZ, § OF
§
DECEASED § STARR COUNTY, TEXAS
ORDER SETTING HEARING
Maria Del Rosario G. Pope and Maria Iris G. Trevino's Motion to Clarify or Amend
Order having come to the Court's attention and the Court being of the opinion that the
same should be set for hearing, it is therefore
ORDERED by the Court that the same be set for hearing on the _ _ _ day of
_ _ _ _ _ _ _ _ _ , 2018, at ______ o'clock, _.m.
SIGNED this the ___ day of _ _ _ _ _ _ _ _ _ , 2018.
JUDGE PRESIDING
cc: O.C. Hamilton Jr., Atlas, Hall & Rodriguez, LLP, 818 W. Pecan Blvd, P.O. Box 3725 (78502-3725),
McAllen, Texas 78501 - Email: och@atlashall.com
Marcel C. Notzon, Ill, The Notzon Law Firm, Northtown Professional Plaza, 6999 McPherson, Suite
325, Laredo, Texas 78041 - Email: mcn@notzonlawfirm.com
Keith C. Livesay, Livesay Law Office, Brazos Suites No. 9,517 West Nolana, McAllen, Texas 78504
- Email: RGVAppellateLaw@yandex.com
Dalinda B. Garcia, Law Office of Dalinda B. Garcia, P.C., 4847 S. Jackson Rd., Suite E, Edinburg,
Texas 78539- Email: dalindabqarcialawoffice@yahoo.com
040
CAUSE NO. PR-06-004
IN THE ESTATE OF § IN THE COUNTY COURT
§
IGNACIA G. GUTIERREZ, § OF
§
DECEASED § STARR COUNTY, TEXAS
AMENDED ORDER DENYING PLEA TO THE JURISDICTION
Came on to be heard Cecilia Martinez's Plea to the Jurisdiction, and the Court,
having considered the motion, any response thereto, along with the arguments and
authorities of counsel, finds that such plea is not well taken; and accordingly, it is hereby
DENIED.
This Order amends and replaces the Court's Order Denying Plea to Jurisdiction
signed on or about May 22, 2017.
SIGNED this _ _ day of _ _ _ _ _ _ _ _ _ , 2018.
JUDGE PRESIDING
cc: O.C. Hamilton Jr., Atlas, Hall & Rodriguez, LLP, 818 W. Pecan Blvd, P.O. Box 3725 (78502-3725),
McAllen, Texas 78501 - Email: och@atlashall.com
Marcel C. Notzon, Ill, The Notzon Law Firm, Northtown Professional Plaza, 6999 McPherson, Suite
325, Laredo, Texas 78041 - Email: mcn@notzonlawfirm.com
Keith C. Livesay, Livesay Law Office, Brazos Suites No. 9,517 West Nolana, McAllen, Texas 78504
- Email: RGVAppellateLaw@yandex.com
Dalinda B. Garcia, Law Office of Dalinda B. Garcia, P.C., 4847 S. Jackson Rd., Suite E, Edinburg,
Texas 78539 - Email: dalindabgarcialawoffice@yahoo.com
041
TAB 4
OF THE RECORD
042
CAUSE NO. PR-06-004
IN THE ESTATE OF § IN THE COUNTY COURT
§
§
IGNACIA G. GUTIERREZ, § OF
§
§
DECEASED § STARR COUNTY, TEXAS
MARIA CECILIA MARTINEZ’ RESPONSE TO
MOTION TO CLARIFY OR AMEND ORDER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, MARIA CECILIA MARTINEZ, Independent Co-Executor of this Will,
by and through her attorneys of record and respectfully submits this Response To Motion To
Clarify or Amend Order and in support show the Court the following:
This Court is without authority to take further steps in the Administration of this Estate.
Decedent, Ignacia G. Gutierrez left a Will which clearly made her Estate an Independent
Administration by providing for Estate decisions to be made by a majority of four of her six
children. The terms are clearly identified in her Will and reaffirmed in the Family Settlement
Contract. See Exhibit “1,” copies of the Family Settlement Contract, incorporated by reference as
if fully copied.
Maria Del Rosario G. Pope and Maria Iris G. Trevino have repeatedly violated the terms
of the Will and the Family Settlement Contract and have refuse to provide information relating to
the Estate to the other Co-Executors.
In his Motion to Clarify or Amend Order, on page 1, Paragraph 3, O. C. Hamilton speaks
on behalf of Maria Cecilia Martinez. O. C. Hamilton has no authority to speak on behalf of
Maria Cecilia Martinez regarding her interpretation of the Order signed on May 22, 2017.
Maria Cecilia Martinez’ Response Page 1 of 3
To Motion To Clarify or Amend Order
043
Maria Cecilia Martinez prays that her Plea to the jurisdiction be granted and that
this Court refrain from taking further steps in the administration of the Estate.
WHEREFORE, PREMISES CONSIDERED, Maria Cecilia Martinez further prays that
said Motion To Clarify or Amend Order be set for a hearing for argument of counsel and for all
other further and relief, either at law or in equity to which Maria Cecilia Martinez shows herself
justly entitled.
Respectfully submitted,
LAW OFFICE OF DALINDA B. GARCIA, P.C.
4847 S. Jackson Rd., Suite E
Edinburg, Texas 78539
(956) 682-3777
(956) 682-5277 (Fax)
dalindabgarcialawoffice@yahoo.com
By : /s/ Dalinda B. Garcia
DALINDA B. GARCIA
State Bar No. 16436392
LIVESAY LAW OFFICE
BRAZOS SUITES NO. 9
517 West Nolana
McAllen, Texas 78504
(956) 928-0149
RGVApplellateLaw@yandex.com
State Bar No. 24067619
ATTORNEYS FOR MARIA CECILIA MARTINEZ
Maria Cecilia Martinez’ Response Page 2 of 3
To Motion To Clarify or Amend Order
044
CERTIFICATE OF SERVICE
I, DALINDA B. GARCIA, do hereby certify that on the 4th day of January, 2018 true and
correct copies of the above and foregoing Maria Cecilia Martinez’ Response To Motion To
Clarify or Amend Order was served on each attorney of record in accordance with the Texas
Rules of Civil Procedure.
O.C. Hamilton, Jr.
Atlas, Hall & Rodriguez, LLP
818 West Pecan Blvd.
McAllen, Texas 78501
och@atlashall.com
(956) 682-5501
(956) 686-6109 (Fax)
Marcel C. Notzon, III
THE NOTZON LAW FIRM
6999 McPherson Rd., Suite 325
Laredo, Texas 78041
mcn@notzonlawfirm.com
(956) 717-1961
(956) 717-2789 (Fax)
/s/ Dalinda B. Garcia
DALINDA B. GARCIA
Maria Cecilia Martinez’ Response Page 3 of 3
To Motion To Clarify or Amend Order
045
PR-06-004
.STATE OF TEXA.5 §
§ FAl'vllL Y SETTLEMENT CONTRACT
·:OUNTY OF STARR §
The follov.-ing are named as Independent Co-E:\.ecutors of the Estate of!GNACIA G.
GliTII:lppoimmcnt of executors for the Estate of their mother.
CELESTE G. NARRO ROSA.RIO G . POPE
JOSE IGNACIO GUTIERREZ MTI\i~RVA G. GUERRA.
- -···- · · -- - - -- - - -- --
CECILIA G. M.3,_RTlNEZ IVL~RTA xrus c:TREVINO
046
Exhibit "1"
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on thial11ay of ~LA
20.~~-~y CELESTE G. NARRO. ~ , ~
im~ MABB.EN RODRIGUEZ
fl,1',~}
4 PUBLIC St
/1NOTARY
·~-·.....;g{
·~;r,,?r.,,-"
MY COMMISSION EXPIRES
Februaiy 2. zooa , ate o f T exas
.
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ __
2006 by ROSARIO G. POPE.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ __
2006 by JOSE IGNACIO GUTIERREZ.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ __
:006 by MINERYAG. GUERRA.
NOTARY PUBLIC, State of Texas
047
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ __
2006 by CECILIA G. MARTINEZ.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ __ _
2006 by MARIA IRIS G. TREVINO.
NOTARY PUBLIC, State of Texas
048
STATE OF TEXAS §
COUNTY OF STARR §
The following are named as the Independent Co-Executors of the Will oflgnacia G.
Gutierrez and they agree in connection with that as follows:
I. The Will says that four of the six persons will serve, but they have agreed that
they prefer to have all six of the persons who are named as the Executors serve.
2. This writing is for the purpose of informing the Probate Court of Starr County that
all six of them wish to serve and that all are qualified to serve as Independent Co-Executors of
that estate.
CELESTE G. NARRO ROSARIO G. POPE
JOSE IGNACIO GUTIERREZ MINERVA G. GUERRA
CECILIA G. MARTINEZ MARIA IRIS G. TREVINO
STATE OF TEXAS
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRJBED BEFORE ME on this ___ day of _ _ _ __
2006 by ROSARIO G. POPE.
NOTARY PUBLIC, State of Texas
049
STATE OF TEXAS §
§ FAMILY SETTLEMENT CONTRA.CT
COUNTY OF STARR §
The following are named as Independent Co-Executors of the Estate ofIG~ACIA G.
GUTIERREZ, as follows: CELESTE G. NARRO, ROSARIO G. POPE, JOSE IGNACIO
GUTIERREZ, MINERVA G. GUERRA, CECILIA G. MARTINEZ, and MARIA IRIS G.
TREVINO.
The parties all agree they wish to be named as the joint executors for their mother's
esrate. The agree, however, that any significant decisions involving more than $1,000.00 \Vill be
taken by a majority of the six, instead of any individual executors. These decisions will be made
after they know what the consequences of those decisions will be.
For purposes of keeping everyone informed, the Executors agree that they will meet, by
telephone or otherwise, at least every thirty (30) days to consider matters having to do with the
Estate, particularly with respect to the filing of the Estate Tax Return which is due on or before
October 4th of 2006.
This contract contains the entire agreement between the parties with respect to the
appointment of executors for the Estate of their mother.
~,/J,~#=-
CELESTE G. NARRO ROSARIO G. POPE
JOSE IGNACIO GUTIERREZ MINERVA G. GUERRA
CECILIA G. MARTINEZ MARIA IRIS G. TREVINO
050
·-
ST ATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE l\1E on this _ _ day of _ _ _ __
~006 by CELESTE G. NARRO.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWOR."! TO AND SUBSCRIBED BEFORE ME on this~J day of
2006 by ROSARIO G. POPE.
rt
l .
,..~~:;;;,;~ CYNTHIA OLIVAREZ
f+';~ \ Notary Public
\*\,~)*) State ?f_Texa:
\ ..~.....·j/ My Comrrnss1on Expires
··-~.'!~~···· Maren 29, 2009
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE NIB on this _ _ day of _ __ _ ___;>
2006 by JOSE IGNACIO GUTIERREZ.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ __,
2006 by MINERYAG. GUERRA.
NOTARY PUBLIC, State of Texas
051
STATE OF TEXAS §
COUNTY OF STARR §
SWORt'l" TO AND SUBSCRJBED BEFORE ME on this _ _ day of _ _ _ __
2006 by CECILIA G. MARTINEZ.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWOR.'\I TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ __ _
2006 by MARIA IRIS G. TREVINO.
NOTARY PUBLIC, State of Texas
3
052
-......_.
'
ST ATE OF TEXAS §
§
COUNTY OF STARR §
The following are named as the Independent Co-Executors of the Will oflgnacia G.
Gutierrez and they agree in connection with that as follows:
I. The Will says that four of the six persons 'Nill serve, but they have agreed that
they prefer to have all six of the persons who are named as the Executors serve.
This writing is for the purpose of informing the Probate Court of Starr Connty that
all six of them wish to serve and that all are qualified to serve as Independent Co-Executors of
that estate.
~A,9~
CELESTE G. NARRO ROSARIO G. POPE
JOSE IGNACIO GUTIERREZ MINERVA G. GUERRA
CECILIA G. MARTINEZ MARIA IRIS G. TREVINO
STATE OF TEXAS §
COlJNTY OF STARR §
SWORt"'T TO AND SUBSCRJBED BEFORE :ME on this _ _ day of _ _ _ __
2006 by CELESTE G. NARRO.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
S\VORN TO AND SUBSCRIBED BEFORE ME on thisd3'--d. day of AUQUS[ 31, 2008
STATE OF TEXAS §
COUNTY OF ST ARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of ----~
2006 by MINERVA G. GUERRA.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ _ _.
2006 by CECILIA G. MARTINEZ.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ __
2006 by MARIA IRIS G. TREVINO.
NOTARY PUBLIC, State of Texas
2
058
STATE OF TEXAS §
§ FAMILY SETILEMENT CONTRACT
COUNTY OF STARR §
The following are named as Independent Co-Executors of the Estate ofIGNACIA G.
GUTIERREZ, as follows: CELESTE G. NARRO, ROSARIO G. POPE, JOSE IGNACIO
GUTIERREZ, MINERYAG. GUERRA., CECILIA G. MARTINEZ, and MARIA IRIS G.
TREVINO.
The parties all agree they wish to be named as the joint executors for their mother's
estate. The agree, however, that any significant decisions involving more than $1,000.00 will be
taken by a majority of the six, instead of any individual executors. These decisions will be made
after they know what the consequences of those decisions will be.
For purposes of keeping everyone informed, the Executors agree that they will meet, by
telephone or otherwise, at least every thirty (30) days to consider matters having to do with the
Estate, particularly with respect to the filing of the Estate Tax Return which is due on or before
October 4m of 2006.
This contract contains the entire agreement between the parties with respect to the
appointment of executors for the Estate of their mother.
CELESTE G. NARRO ROSARIO G. POPE ~
~
JOSE IGNACIO GUTIERREZ
~, '
i:Z{f~,iV
. #
ERVA G. GUERRA
_.};'U&utV
~ '
CECILIA G. MARTINEZ MARIA IRIS G. TREVINO
059
·.
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of
2006 by CELESTE G. NARRO.
-----
NOTARY PUBLIC, State of Texas
STA TE OF TEXAS §
COUNTY OF STARR §
SWORN TO Ai'ID SUBSCRIBED BEFORE ME on this day of
- -- - -
2006 by ROSARIO G. POPE.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ __
2006 by JOSE IGNACIO GUTIERREZ.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this?__,
--
'f day of ;) cu;V-at!J--,
2/
2006 by MINERYA G. GUERRA. ' ~.
__...,.. .r!. '· . L .
r?/J,~)~~)
NOTARY PUBLIC, State of Texas ••a.
BLAINE T LAUBACH BlAINE T
My ComrnlUlon EllpkliS -./iy Comml
~29.2po9 Jul¥2
. . . c,
)
060
STATE OF TEXA.S §
COUNTY OF STARR §
SWORN TO AND SUBSCRJBED BEFORE ME on this _ _ day of _ _ __
2006 by CECILIA G. MARTINEZ.
~OTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRJBED BEFORE ME on this _ _ day of _ _ _ __
2006 by MARIA IRIS G. TREVINO.
NOTARY PUBLIC, State of Texas
3
061
STATE OF TEXAS §
§
COUNTY OF STARR §
The following are named as the Independent Co-Executors of the Will oflgnacia G.
Gutierrez and they agree in connection with that as follows:
I. The Will says that four of the six persons will serve, but they have agreed that
they prefer to have all six of the persons who are named as the Executors serve.
2. This writing is for the purpose of informing the Probate Court of Starr County that
all six of them wish to serve and that all are qualified to serve as Independent Co-Executors of
that estate.
CELESTE G. NARRO ROSARIO G. POPE_.1,7 I
h
JOSE IGNACIO GUTIERREZ
/i ,'h
I -0erd<~ ~
MINERVA G. GUERRA
»·./ ~
CECILIA G. MARTINEZ MARIA IRIS G. TREVINO
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE 'ME on this _ _ day of _ _ _ __
2006 by CELESTE G. NARRO.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRlBED BEFORE ME on this day of _ _ __
2006 by ROSARIO G. POPE. - .. -
NOTARY PUBLIC, State of Texas
1
062
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ __
2006 by JOSE IGNACIO GUTIERREZ.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEF~RE ME on this '2-Cf day of :)Cl-"10 4-:JA-
~I~vl~
NOTARY P.UBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of_~~~.... -J
2006 by CECILIA G. MARTINEZ.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ _,
2006 by MARIA IRIS G. TREVINO.
NOTARY PUBLIC, State of Texas
2
063
STATE OF TEXAS §
§ FAMILY SETTLEMENT CONTRACT
COUNTY OF STARR §
The following are named as Independent Co-Executors of the Estate ofIGNACIA G.
GUTIERREZ, as follows : CELESTE G. NARRO, ROSARIO G. POPE, JOSE IGNACIO
GUTIERREZ, MINERYA G. GUERRA, CECILIA G. MARTINEZ, and MARIA IRIS G.
TREVINO.
The parties all agree they wish to be named as the joint executors for their mother' s
estate. The agree, however, that any significant decisions involving more than Sl,000.00 will be
taken by a majority of the six, instead of any individual executors. These decisions will be made
after they know what the consequences of those decisions will be.
For purposes of keeping everyone informed, the Executors agree that they will meet, by
telephone or otherwise, at least every thirty (30) days to consider matters having to do with the
Estate, particularly with respect to the filing of the Estate Tax Return which is due on or before
October 4th of 2006.
This contract contains the entire agreement between the parties with respect to the
appointment of executors for the Estate of their mother.
CELESTE G. NARRO ROSARIO G. POPE
JOSE IGNACIO GUTIERREZ MINERVA G. GUERRA
/J 4-} -~
(..U,,~ <
MARIA IRIS G. TREVINO
1
064
STA TE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ __
2006 by CELESTE G. NARRO .
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ __
2006 by ROSARIO G. POPE.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ __
2006 by JOSE IGNACIO GUTIERREZ.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ __
2006 by MINERVA G. GUERRA.
NOTARY PUBLIC, State of Texas
2
065
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFO ME on this g011?iay of ;j}n .
2006 by CECILIA G. MARTINEZ.
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ __
2006 by MARIA IRIS G. TREVINO.
NOTARY PUBLIC, State of Texas
066
-· -
STATE OF TEXAS §
§
COUNTY OF STARR §
The following are named as the Independent Co-Executors of the Will of Ignacia G.
Gutierrez and they agree in connection with that as follows:
1. The Will says that four of the six persons \vill serve, but they have agreed that
they prefer to have all six of the persons who are named as the Executors serve.
This writing is for the purpose of informing the Probate Court of Starr County that
all six of them wish to serve and that all are qualified to serve as Independent Co-Executors of
that estate.
CELESTE G. NARRO ROSARIO G. POPE
JOSE IGNACIO GUTIERREZ MINERVA G. GUERRA
.&.kL~z-~
CECILIA G. MARTINEZ MARIA IRIS G. TREVINO
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this ___ day of _ _ _ __
2006 by CELESTE G. NARRO.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO A..ND SUBSCRJBED BEFORE ME on this-,_ day of _ _ __
2006 by ROSAR10 G. POPK
NOTARY PUBLIC, State of Texas
067
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ __
2006 by JOSE IGNACIO GUTIERREZ.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ __
2006 by MINERVA G. GUERRA.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
STATE OF TEXAS §
COUNTY OF STARR §
SWOR.i'-J TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ _~
2006 by MARIA IRIS G. TREVINO.
NOTARY PUBLIC, State of Texas
2
068
STATE OF TEXAS §
§ FAMILY SEITLEMENT CONTRACT
COUNTY OF STARR §
The following are named as Independent Co-Executors of the Estate of IGNACIA G.
GUTIERREZ, as follows: CELESTE G. NARRO, ROSARIO G. POPE, JOSE IGNACIO
GUTIERREZ, MINERYAG. GUERRA, CECILIA G. MARTINEZ, and MARIA IRIS G.
TREVINO.
The parties all agree they wish to be named as the joint executors for their mother's
estate. The agree, however, that any significant decisions involving more than $1,000.00 will be
taken by a majority of the six, instead of any individual executors. These decisions will be made
after they know what the consequences of those decisions will be.
For purposes of keeping everyone informed, the Executors agree that they will meet, by
telephone or otherwise, at least every thirty (30) days to consider matters having to do with the
Estate, particularly with respect to the filing of the Estate Tax Return which is due on or before
October 4th of 2006.
This contract contains the entire agreement between the parties with respect to the
appointment of executors for the Estate of their mother.
CELESTE G. NARRO ROSARIO G. POPE
JOSE IGNACIO GUTIERREZ MINERVA G. GUERRA
CECILIA G. MARTINEZ
)7~.A,,,-~
A IRIS d. TREVINO
069
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ __ _
2006 by CELESTE G. NARRO.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRJBED BEFORE ME on this _ _ day of _ _ _ __
2006 by ROSARIO G. POPE.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ __
2006 by JOSE IGNACIO GUTIERREZ.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
S\VORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ __
2006 by MINERVA G. GUERRA.
NOTARY PUBLIC, State of Texas
2
070
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of
2006 by CECILIA G. MARTINEZ.
-----
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE :ME on this M day of~~~~l4.>-
2006 by MARIA IRIS G. TREVINO.
"I
.)
071
STATE OF TEXAS §
§
COUNTY OF STARR §
The following are named as the Independent Co-Executors of the Will of Ignacia G.
Gutierrez and they agree in connection with that as follows:
I. The Will says that four of the six persons will serve, but they haYe agreed that
they prefer to have all six of the persons who are named as the Executors serve.
This writing is for the purpose of informing the Probate Court of Starr County that
all six of them wish to serve and that all are qualified to serve as Independent Co-Executors of
that estate.
CELESTE G. NARRO ROSARIO G. POPE
JOSE IGNACIO GUTIERREZ MINERVA G. GUERRA
CECILIA G. MARTINEZ
~4A~
IRIS TREVINO G.
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE ME on this _ _ day of _ _ _ __
2006 by CELESTE G. NARRO.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWOR.N TO AND SUBSCRIBED BEFORE ME on this ___ day of _ _ _ __
2006 by ROSARIO G. POPE.
NOTARY PUBLIC, State of Texas
072
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO A1'TD SUBSCRJBED BEFORE ME on this _ _ day of
2006 by JOSE IGNACIO GUTIERREZ.
-----
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRlBED BEFORE lYfE on this _ _ day of _ _ _ ____;
2006 by MINERVA G. GUERRA.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
SWORN TO AND SUBSCRIBED BEFORE :ME on this _ _ day of _ _ _ _~
2006 by CECILIA G. MARTINEZ.
NOTARY PUBLIC, State of Texas
STATE OF TEXAS §
COUNTY OF STARR §
day_o~~,
SWORN TO AND SUBSCRIBED BEFORE :ME on this.J_3
2006 by MARIA IRIS G. TREVINO. v--,-----a- ••
2
073
TAB 5
OF THE RECORD
074
Filed: 1/5/2018 11:25 AM
Dennis D. Gonzalez
County Clerk
Starr County, Texas
Lilly Guerrero
CAUSE NO. PR-06-004
IN THE ESTATE OF § IN THE COUNTY COURT
§
IGNACIA G. GUTIERREZ, § OF
§
DECEASED § STARR COUNTY, TEXAS
ORDER SETTING HEARING
Maria Del Rosario G. Pope and Maria Iris G. Trevino's Motion to Clarify or Amend
Order having come to the Court's attention and the Court being of the opinion that the
same should be set for hearing, it is therefore
9th
ORDERED by the Court that the same be set for hearing on the _ _ _ day of
January 09:00 a
_ _ _ _ _ _ _ _ _ , 2018, at ______ o'clock, _.m.
4th day of _January
SIGNED this the ___ _ _ _ _ _ _ _ _ , 2018.
JUDGE PRESIDING
cc: O.C. Hamilton Jr., Atlas, Hall & Rodriguez, LLP, 818 W. Pecan Blvd, P.O. Box 3725 (78502-3725),
McAllen, Texas 78501 - Email: och@atlashall.com
Marcel C. Notzon, Ill, The Notzon Law Firm, Northtown Professional Plaza, 6999 McPherson, Suite
325, Laredo, Texas 78041 - Email: mcn@notzonlawfirm.com
Keith C. Livesay, Livesay Law Office, Brazos Suites No. 9,517 West Nolana, McAllen, Texas 78504
- Email: RGVAppellateLaw@yandex.com
Dalinda B. Garcia, Law Office of Dalinda B. Garcia, P.C., 4847 S. Jackson Rd., Suite E, Edinburg,
Texas 78539- Email: dalindabqarcialawoffice@yahoo.com
075
TAB 6
OF THE RECORD
076
Cause No. PR-06-004
In Re: Estate of § In the County Court
§
Ignacia Gutierrez § of
§
Deceased § Starr County, Texas
ORDER DENYING
MOTION TO CLARIFY
Came on to be heard the Motion to Clarify Prior Ruling on Maria Cecilia Martinez's Plea
to the Jurisdiction, and the Court, having considered the motion, the response thereto, along with
the arguments and authorities of Counsel, finds such motion is not well taken. Accordingly, such
motion is hereby; and accordingly, it is hereby
DENIED.
Signed and Entered on this the ______ day of January, 2018.
___________________________________
JUDGE PRESIDING
cc: Marcel Notzon, mcn@notzonlawfirm.com
O.C. Hamilton, och@atlashall.com
Keith C. Livesay, RGVAppellateLaw@yandex.com
Dalinda Garcia, dalindabgarcialawoffice@yahoo.com
077
Cause No. PR-06-004
In Re: Estate of § In the County Court
§
Ignacia Gutierrez § of
§
Deceased § Starr County, Texas
ORDER GRANTING
MOTION TO CLARIFY
Came on to be heard the Motion to Clarify Prior Ruling on Maria Cecilia Martinez's Plea
to the Jurisdiction, and the Court, having considered the motion, the response thereto, along with
the arguments and authorities of Counsel, finds such motion is well taken. The Court finds that
the plea to the jurisdiction should be DENIED. The Court expressly finds that it possesses
jurisdiction to enter orders affecting the administration of the Estate, including (but not limited
to) the preparation and form of deeds, who shall sign such deeds, and the terms and conditions of
the sale of Decedent's home.
Signed and Entered on this the ______ day of January, 2018.
___________________________________
JUDGE PRESIDING
cc: Marcel Notzon, mcn@notzonlawfirm.com
O.C. Hamilton, och@atlashall.com
Keith C. Livesay, RGVAppellateLaw@yandex.com
Dalinda Garcia, dalindabgarcialawoffice@yahoo.com
078
TAB 7
OF THE RECORD
079
Filed: 1/9/2018 4:10 PM
Dennis D. Gonzalez
County Clerk
Starr County, Texas
Jose Beliz
CAUSE NO. PR-06-004
IN THE ESTATE OF § IN THE COUNTY COURT
§
IGNACIA G. GUTIERREZ, § OF
§
DECEASED § STARR COUNTY, TEXAS
AMENDED ORDER DENYING PLEA TO THE JURISDICTION
Came on to be heard Cecilia Martinez's Plea to the Jurisdiction, and the Court,
having considered the motion, any response thereto, along with the arguments and
authorities of counsel, finds that such plea is not well taken; and accordingly, it is hereby
DENIED.
This Order amends and replaces the Court's Order Denying Plea to Jurisdiction
signed on or about May 22, 2017.
9 January
SIGNED this _ _ day of _ _ _ _ _ _ _ _ _ , 2018.
JUDGE PRESIDING
cc: O.C. Hamilton Jr., Atlas, Hall & Rodriguez, LLP, 818 W. Pecan Blvd, P.O. Box 3725 (78502-3725),
McAllen, Texas 78501 - Email: och@atlashall.com
Marcel C. Notzon, Ill, The Notzon Law Firm, Northtown Professional Plaza, 6999 McPherson, Suite
325, Laredo, Texas 78041 - Email: mcn@notzonlawfirm.com
Keith C. Livesay, Livesay Law Office, Brazos Suites No. 9,517 West Nolana, McAllen, Texas 78504
- Email: RGVAppellateLaw@yandex.com
Dalinda B. Garcia, Law Office of Dalinda B. Garcia, P.C., 4847 S. Jackson Rd., Suite E, Edinburg,
Texas 78539 - Email: dalindabgarcialawoffice@yahoo.com
080