Supplier proposes final judgment in suit against debtor

David Yates Nov. 21, 2011, 5:13am

Now that a local judge found in its favor, Morrell Masonry Supply has proposed a final judgment in its suit against Eugenio Herrera, who allegedly refused 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."

Court records show that on Oct. 26 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.

As of Nov. 21, no official judgment is on file, court records show.

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."

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

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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