Breach of contract suit put on hold while criminal proceedings ensue

By David Yates | Feb 5, 2013

Because a defendant in a breach of contract suit said she would take the Fifth Amendment when questioned, the civil case against her has been put on hold until the criminal case against her concludes.

As previously reported, Beverly Lombardo filed suit against Cherilyn Mitchell on April 11 in Jefferson County District Court, alleging breach of contract.

Court records show that on Oct. 26 Lombardo filed a motion to stay, stating that the state of Texas is pursuing criminal charges against Mitchell for matters also at issue in the lawsuit.

“The defendant has stated that she would take the Fifth Amendment on all questioning asked in this civil case,” the motion states.

Judge Milton Shuffield, 136th District Court, granted the motion on Nov. 1, requesting that plaintiff’s counsel notify the court upon resolution of the criminal matter.

According to the lawsuit, Lombardo rendered valuable services to Mitchell for which he seeks to recover all attorney’s fees, costs and expenses incurred.

However, the suit does not state what services were rendered or how much Mitchell owes.

The two-page suit only alleges the defendant breached her contract.

Beaumont attorney John Morgan represents the plaintiff.

Case No. D192-290

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