George L. Mortensen v. Daniel Villegas and Elvia L. Ramirez ( 2021 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
GEORGE L. MORTENSEN, §
No. 08-19-00080-CV
Appellant, §
Appeal from the
v. §
Probate Court No. 1
DANIEL VILLEGAS AND §
ELVIA L. RAMIREZ, of El Paso County, Texas
§
Appellees. (TC# 2010-P00681)
§
JUDGMENT
The Court has considered this cause on the record and concludes the trial court’s judgment
should be affirmed in part and reversed and remanded in part. The judgment of the trial court
dismissing Appellant’s petition, denying Appellant’s motion for alternative service, and granting
protective orders to Appellees is affirmed. The award of attorney’s fees to Appellees is affirmed,
but that portion of the trial court’s judgment awarding fees in the amount of $4,500 to Appellee
Ramirez and $3,375 to Appellee Villegas is reversed and remanded for further proceedings to
determine the reasonable amount of fees to be awarded.
We further order that Appellees recover from Appellant and his sureties, if any, for
performance of the judgment and all costs, for which let execution issue. See TEX. R. APP. P. 43.5.
This decision shall be certified below for observance.
IT IS SO ORDERED THIS 1ST DAY OF FEBRUARY, 2021.
GINA M. PALAFOX, Justice
Before Rodriguez, C.J., Palafox, and Alley, JJ.