Local supplier seeks summary judgment against debtor

David Yates Jun. 22, 2010, 8:28am

Next month, Morrell Masonry Supply will ask a Beaumont Judge to grant it summary judgment, arguing that Eugenio Herrera refuses to pay his tab.

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.

"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."

In response, Herrera filed 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."

A hearing on the matter has been slated for July 2 in Judge Donald Floyd's 172nd District Court.

Morrell Masonry is asking Floyd to award the company $11,466.45 in actual damages, interest, attorney's fees, and a judgment decreeing that it has a lien on Herrera's property and shall be granted an order of foreclosure.

Morrell Masonry is represented by attorney Karalynn Cromeens.

Herrera is represented by attorney John Stone of the Stone & Stone law firm.

Case No. E185-488

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