November 1, 2012

Debtor dismisses appeal after reaching settlement with Morrell Masonry Supply

An appeal brought by Eugenio Herrera, who was sued by Morrell Masonry Supply for allegedly refusing to pay his tab, has been dismissed due to the parties reaching a settlement.

Morrell Masonry filed suit against Herrera in December 2009 seeking to collect on a property lien since Herrera allegedly refused to pay for materials he received from the company.

Court records show that on Oct. 25 the Ninth Court of Appeals of Texas issued an opinion stating the appeal has become moot due to settlement.

The original petition alleged failure to pay.

“Plaintiff would show that at defendant’s special instance … plaintiff supplied materials for use in connection with improvements contracted for the construction of the (property),” the suit states. “The valuable materials were rendered … and plaintiff expected defendant to pay.”

Court records show that on Oct. 26, 2011, the case went to trial before Judge Donald Floyd, 172nd District Court.

On Nov. 14 Morrell filed a proposed final judgment, stating that the court rendered judgment in favor of plaintiff and that Morrell recover a sum of $12,788.6 and also receive $12,193.76 in attorney’s fees.

Shortly after the suit was filed, Herrera submitted an answer in which he says “the amount of the account Morrell Masonry claims is due is incorrect.”

“The prices for the goods are not in accordance with the parties’ agreement and are unreasonable,” Herrera says in his response. “No systematic record was kept of amounts due on the account.”

Morrell Masonry is represented by attorney Karalynn Cromeens.

Herrera is represented by Beaumont attorney Kenneth W. Lewis.

Trial case No. E185-488

Appeals case No. 09-12-00124-CV