Вы находитесь на странице: 1из 3

FILED

DALLAS COUNTY
4/28/2016 4:19:44 PM
FELICIA PITRE
DISTRICT CLERK

CAUSE NO. DC-13-14901


HENRY S. MILLER BROKERAGE, LLC,
Plaintiff,
v.
RUTH MAE SANDERS
Defendant.

IN THE DISTRICT COURT OF

101ST JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

RELEASE OF JUDGMENT
WHEREAS, on the 31st day of July, 2015 the Court of Appeals for the Fifth District of
Texas at Dallas reversed the November 24, 2014 order of this Court vacating an October 2, 2014
Arbitrators Award in favor of Plaintiff, Henry S. Miller Brokerage, LLC.
WHEREAS, on the 31st day of July, 2015 the Court of Appeals for the Fifth District of
Texas at Dallas RENDERED JUDGMENT in favor of Henry S. Miller Brokerage, LLC and
confirming the October 2, 2014 Arbitrators Award in favor of Henry S. Miller Brokerage, LLC,
and also awarding all costs of the appeal to Henry S. Miller Brokerage, LLC and against
Defendant, Ruth Mae Sanders.
WHEREAS, the October 2, 2014 Arbitrators Award awarded Henry S. Miller
Brokerage, LLC the following from Defendant:
1.
2.
3.
4.

Damages
Arbitration Fees ...
Prejudgment Interest through Sept 30, 2014 ...
Attorney Fees through trial ..

5.

Additional prejudgment interest from October 1, 2014 to


date of the Courts Judgment Confirming this Award

$7.36 per diem

6.

Taxable court costs to be determined

$TBD

7.

Additional Attorney Fees Conditionally awarded:

Release of Judgment
ACTIVE 40154116v1 04/28/2016

$53,700.00
$ 4,984.37
$ 2,104.96
$ 40,000.00
$100,789.33

Page 1

If Defendant appeals this award to the Court of Appeals,


$20,000.00 is added to the attorney fee award . $ 20,000.00

If Defendant appeals to the Texas Supreme Court,


another $5,000.00 is added to the attorney fee award . $ 5,000.00

If the Texas Supreme Court grants an appeal,


another $12,000.00 is added to the attorney fee award . $ 12,000.00

Together, with post-judgment interest on the total as provided by law.


WHEREAS, as of this date the total current amount of the Judgment is in excess of
$127,000.00, including total economic damages, prejudgment interest, the award of attorneys
fees, costs of court and costs of appeal, together with post-judgment interest on the whole
amount, and which has been continuing to accrue post-judgment interest.
WHEREAS, Defendant has not satisfied the Judgment.
WHEREAS, Defendant disputes the judgment and filed an action with the Texas
Supreme Court extending the deadline to file a Petition for Review with the Texas Supreme
Court.
WHEREAS, Plaintiff, Henry S. Miller Brokerage, LLC and Defendant, Ruth Mae
Sanders and her agents have entered into a binding, confidential settlement agreement with the
effective date of April 25, 2016, pursuant to which they have amicably resolved their disputes
and Plaintiff no longer wishes to pursue the judgment against the Defendant.
NOW, THEREFORE, Plaintiff, Henry S. Miller Brokerage, LLC hereby releases the
Judgment against Defendant, Ruth Mae Sanders with prejudice and releases all liens, if any,
heretofore existing upon any property of Defendant by reason of the Judgment.

EXECUTED this 28th day of April 2016.

Release of Judgment
ACTIVE 40154116v1 04/28/2016

Page 2

Respectfully Submitted,
FOX ROTHSCHILD LLP
/s/ David Grant Crooks
David Grant Crooks
State Bar No. 24028168
Email: dcrooks@foxrothschild.com
Two Lincoln Centre
5420 Lyndon B. Johnson Freeway,
Suite 1200
Dallas, TX 75240
Tel. (972) 991-0889/Fax (972) 404-0516
CERTIFICATE OF SERVICE
I certify that on this the 28th day of April, 2016, a true and correct copy of the above and
foregoing document was served in accordance with the Texas Rules of Civil Procedure upon all
counsel of record.

/s/ David Grant Crooks


David Grant Crooks

Release of Judgment
ACTIVE 40154116v1 04/28/2016

Page 3

Вам также может понравиться