in Re Esperanza Hughes

Opinion

FILED IN

4th COURT OF APPEALS SAN ANTONIO, TEXAS

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8/3/2015 2:24:32 PM

KEITH E. HOTTLE

R. DAVID GUERRERO P.O. Drawer 2219 ClerkDELFI FLORES Diitrici Clerk Alice, Teilas 78333 Chief Deputy (361)668·5717

AUGUST 3, 2015

HONORABLE K8TH E. HOTILE, CLERK 4™ COURT OF APPEALS BEXAR COUNlY JUSTICE CENTER 300 DOLOROSA SUITE 3200 " SAN ANTONIO, 1X 78205

WA El.ECTRONIC RUNG

RE: CAUSE NO. 15-03·54382.CV

SlYLED: IN RE: ESPERANZA HUGHES

Dear /I/Ir. Hottle,

Attached please find a certified copy of the Notice of Appeal in the above-mentioned cause.

Should you have any questions regarding this matter, please feel free to contact our office.

District Clerk

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By ~........."-'-'-''->..f'--~~----~~~

2

' I.) O'ClOCK R O~VIO GUEFIRERO

JUL 31 20f5

Cause No. 15-03-54382-CV

INRE § §

ESPERANZA HUGHES § JIM WELLS COUNTY, TEXAS § § 79th JUDICIAL DISTRICT

NOTICE OF APPEAL OF INTERESTED PARTIES METROPOLITAN LIFE INSURANCE COMPANY AND METROPOLITANTOWERLIFEINSURANCECOMPANY

Interested Parties Metropolitan Ufe Insurance Company and Metropolitan Tower Life

Insurance Company give notice of their intent to appeal the trial court's Final Order Approving

Transfer of Partial Structured Settlement Payment Rights (the "Final Order'') rendered on July I,

2015, in Cause No. 15-03-54382-CV, styled In Re Esperanza Hughes, in the District Court. 79th

Judicial District, Jim Wells County, Texas, to the Fourth District Court of Appeals, San Antonio,

Texas. A true and correct copy of the Final Order is attached and incorporated herein by

reference.

Respectfully submitted,

By:_/s/ David WtiUh _ _ _ _ __ David Walsh, Esq. State Bar No. 00786327 dwalsh@walshlawcc.com 711 N. Carancahua St., Suite 510 Corpus Christi, TX 78401 (316) 882-2088 Telephone (316) 288-8010 Fax Attorneys for Metropolitan Life Insurance Company and Metropolitan Tower Life Insurance Company

3

CERTIFICATE OF SERYICE

I certify that on July 30, 2015 a true and correct copy of the foregoing instrument was served electronically, by hand delivery, facsimile. certified mail/return receipt requested, and/or first class mail to all parties of record and interested parties.

_ _ _ _ _....1'sl David Wahh _ _ __ David Walsh, Esq.

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JUL-01-2015 12:10 Fram:The Cap~ Cent.er 36:1 668 9652 Ta:18SS2906757

Based on th& foregoing findings and the evidence submitted to the Court and bcina satisfied that the proposed ttansfer satisfies all applfcablo statutory requirements, IT IS ORDERED, ADJUDOBD, AND DBCREBD that tbe Applbdon is GRANIED md U!e tiaDSfer and assignment of Ms. Hupes right, Qtle, and inteiest in and to 1hc Hughes Assiped

Paymcmrs to Peachtree is APPROVBD.

IT IS FURTHER ORDERED that the MetLife Opposition is heteby denied and overruled and the request for attorneys fees by Mctropolftan Tower and Metropolitan Life is denied.

lT IS FURTIIER ORDBRBD that in tunberance of the Court's order granting the

Application and approving 1he proposed ttansf'er described berdn. Metropolitan Life Insurance

Company IDd Mettopolitan ToMr Resources Oroup, Inc., are hereby authorized and directed to pay and remit to Peachtree (as Ms. Hugbes'a designated and autbori7.ed payment aaent for purposes of receiving the Term Payments) l 00% of the Team Payments (the monthly structured settlement/annuity paymco.ts that come due and owing by Metropoli1an Life and/or Metropolitln Tower ftom August of 2015 through April of 2035). when and as said payments come due.

Upon receipt of each monthly Tam Payment, Peachtree is entitled to retain the portion of each Tenn Payntent that QODStitures a Hughes AS&igncd Payment (S l,S00.00 out of the total monthly ptymeat of$ 6,S00.00 per mondl). and is ordered to pay and remit to Ms. Hughes the portion of said Term Payments that constitute the R.omaining Hughes Payments. (Tbb ammgeme.ot shall be referred to as the "Servicing Amngemml")

IT IS FUll'IHER. ORDERED 1hat the Term Payments shall be sent diiectly to Peachtree

by Metropolitan Life punuant to this order and the Servicing Arrangement described herein, at

the following addreas or to such other addrelS deslpated by Peachtree:

Fl1W, OBDIB t\fPBOYJNG TBAN&mt Of PARTIAL mwctvBID SIDJIMINI PA\'MINT RIGHTS - Pap4 or7

8

JU.-01-2015 12: U From:The- Co"" Cent.er 361 668 9652 To:1BS52806757

Peachtree Settlement Fundmg. I.LC P.O. Box 83364 Wobum, MA 01813~3364

IT IS FURTHER ORD.BRED that Mettopotitan Life and Metropolitan To\Wll' !hall absolutely, hrevocably, and forever discharge and satisfy their legal and contractusl obligation to make the Tmm Paymen1s (mclodiog the Hushes Assigned Payments and the Remaining Hughes Payments) by paying and mnittiag said Tean Payments to Peachtree pursuadt to this

court order and the Servicing Anangmnent and by doing so, Metropolitan Life and Metropolitm

Tower are forever released from, and sball have not have, any current or :futute liability or

obligation to Ms. Hughes for the Term Payments. By sfgnins and approving this older, Ms. Hughes acknowledges. undentands, and agrees 1hat sho will ~ivo the Remaining Hughes Payments through Peachtree (u her designated payment agent solely for purposes of receiving

and distributing the Tenn Payments pursuant to the Servic!Dg Ammgemeot and this Final

Order) and that MctropolJtan Ute and Metropolitan Tower shall not be oblipled to make any portion of the Tenn Payments dbcctly to Ms. Hughes; that Ms. Hughes shall look aolcly and exclusively ro Peadittee for the bmalning Hughes Payments; and that Metropolitan Life and Metropolitan Tower shall not, following the siping of this Pinal Order by the Court, have any

further payment obllption or liabillty (c:ontrac:tual or legal) to Ms. Hughes relativo to the_Tam

Payments. iPcludiag the Remaining Hughes Payments.

IT IS FURTHER ORDERED that the Remaining Hughe$ Payments shall remain the property of Ms. Hughes, even tboulh said paymenta are to be paid and remitted to Peachtree

pursuant to the Servicing Ammacment and this Final Order.

IT IS FURTHER ORDBRED that Metropolitan Life and Metropolitan Tower are not being forced or required or ordered to split or dillide any structured settlement/annuity payments

arnonpt Ms. Hughes and Peachtree and aball not be ~uired to do so in the fbturc. FlNALQBDIB APPBO\')NC DANSRB OlPAlltfAL BTBIJCDJBlp SmuMINf PAJMRIT llGRTS - hp 5 oC1

JLL-01-2015 12:10 From: The Coplj Cent.er 361 668 9652 To:18552B06757

6. The 1ransfer is in the best interest ofMs. Hughes, taking into accOUOl the welfare and support ofher dependents.

7. Ms. Hushes Jw been advised in writing by Peachtree to seek tndopendent professional advice zegardina tbe tramfor, and has either received the acMce or knowingly waived die opportunity to seek and receive said advice in writiDJ.

8. Disclosures to the Payee were made, and notic;es of the hearing and the filing of the Application were provided to all interested parties, inoluding Metropolitan Life and Mettopolitan Tower (collectively, 50Qleffmer re&md to hetefn as "MetLife") in accordanc:c

wi1h tbe Texas Transfer Statute. Payee bas ~ acMsed that her death prior 10 the due date of the last Hughes Assiped Payment shall not atfect the tran.Uet of the Hughes Assigned Payments ftom Payee to Peachtree and Payee uoderatands she is giving up her rights, and the rights of her heirs, successors and/or beneficiaries, to the Hushes AJsigned Payments, and

Payee has requested that this transfer be approved.

9. The Court bas considered the objection/opposition filed by Metropoli1an Tower and Metropolitan Life and herby overrules and denies said objeationlopposltfon. Metropolitan Tower and Metropolitan Life's iequeat for an award of attorneys fees is hereby denied.

1o. The Court ftutbe:r finds that Mearopolitan Tower 8Jld Metropolitan Ufc me not

beins and will not be required or direoted to divide any stnactured settlement/annuity payments amongst Ms. Hughes and Peachtree or any other party.

11. This Order is a "Qualified Order" pursuant to 26 U.S.C. sec. 5891, et s~. 12. Ms. Hughes and Pcaclmee agreed that the purchase price to be paid relalivc to the

transaction between Peachtree and Ms. Hughes would be One Hundred fifty.Bight Thousand Five Huncked Sixteen and 921100 Dollars ($158,516.92).

FOO,L OBPIR AtPJWYRfG TBANSFIB 0, PABTW. mwgvmsm,pmrr UYMINtRIGIJD -heel ot7

JUL-01-2015 12:10 Fram:The Cap~ Cent.er 36:1 668 9652 Ta:18SS2906757

Based on th& foregoing findings and the evidence submitted to the Court and bcina satisfied that the proposed ttansfer satisfies all applfcablo statutory requirements, IT IS ORDERED, ADJUDOBD, AND DBCREBD that tbe Applbdon is GRANIED md U!e tiaDSfer and assignment of Ms. Hupes right, Qtle, and inteiest in and to 1hc Hughes Assiped

Paymcmrs to Peachtree is APPROVBD.

IT IS FURTHER ORDERED that the MetLife Opposition is heteby denied and overruled and the request for attorneys fees by Mctropolftan Tower and Metropolitan Life is denied.

lT IS FURTIIER ORDBRBD that in tunberance of the Court's order granting the

Application and approving 1he proposed ttansf'er described berdn. Metropolitan Life Insurance

Company IDd Mettopolitan ToMr Resources Oroup, Inc., are hereby authorized and directed to pay and remit to Peachtree (as Ms. Hugbes'a designated and autbori7.ed payment aaent for purposes of receiving the Term Payments) l 00% of the Team Payments (the monthly structured settlement/annuity paymco.ts that come due and owing by Metropoli1an Life and/or Metropolitln Tower ftom August of 2015 through April of 2035). when and as said payments come due.

Upon receipt of each monthly Tam Payment, Peachtree is entitled to retain the portion of each Tenn Payntent that QODStitures a Hughes AS&igncd Payment (S l,S00.00 out of the total monthly ptymeat of$ 6,S00.00 per mondl). and is ordered to pay and remit to Ms. Hughes the portion of said Term Payments that constitute the R.omaining Hughes Payments. (Tbb ammgeme.ot shall be referred to as the "Servicing Amngemml")

IT IS FUll'IHER. ORDERED 1hat the Term Payments shall be sent diiectly to Peachtree

by Metropolitan Life punuant to this order and the Servicing Arrangement described herein, at

the following addreas or to such other addrelS deslpated by Peachtree:

Fl1W, OBDIB t\fPBOYJNG TBAN&mt Of PARTIAL mwctvBID SIDJIMINI PA\'MINT RIGHTS - Pap4 or7

JU.-01-2015 12: U From:The- Co"" Cent.er 361 668 9652 To:1BS52806757

Peachtree Settlement Fundmg. I.LC P.O. Box 83364 Wobum, MA 01813~3364

IT IS FURTHER ORD.BRED that Mettopotitan Life and Metropolitan To\Wll' !hall absolutely, hrevocably, and forever discharge and satisfy their legal and contractusl obligation to make the Tmm Paymen1s (mclodiog the Hushes Assigned Payments and the Remaining Hughes Payments) by paying and mnittiag said Tean Payments to Peachtree pursuadt to this

court order and the Servicing Anangmnent and by doing so, Metropolitan Life and Metropolitm

Tower are forever released from, and sball have not have, any current or :futute liability or

obligation to Ms. Hughes for the Term Payments. By sfgnins and approving this older, Ms. Hughes acknowledges. undentands, and agrees 1hat sho will ~ivo the Remaining Hughes Payments through Peachtree (u her designated payment agent solely for purposes of receiving

and distributing the Tenn Payments pursuant to the Servic!Dg Ammgemeot and this Final

Order) and that MctropolJtan Ute and Metropolitan Tower shall not be oblipled to make any portion of the Tenn Payments dbcctly to Ms. Hughes; that Ms. Hughes shall look aolcly and exclusively ro Peadittee for the bmalning Hughes Payments; and that Metropolitan Life and Metropolitan Tower shall not, following the siping of this Pinal Order by the Court, have any

further payment obllption or liabillty (c:ontrac:tual or legal) to Ms. Hughes relativo to the_Tam

Payments. iPcludiag the Remaining Hughes Payments.

IT IS FURTHER ORDERED that the Remaining Hughe$ Payments shall remain the property of Ms. Hughes, even tboulh said paymenta are to be paid and remitted to Peachtree

pursuant to the Servicing Ammacment and this Final Order.

IT IS FURTHER ORDBRED that Metropolitan Life and Metropolitan Tower are not being forced or required or ordered to split or dillide any structured settlement/annuity payments

arnonpt Ms. Hughes and Peachtree and aball not be ~uired to do so in the fbturc. FlNALQBDIB APPBO\')NC DANSRB OlPAlltfAL BTBIJCDJBlp SmuMINf PAJMRIT llGRTS - hp 5 oC1

9

J\.L-01-2015 12:12 From:Th~ Copw Cent@r 361 668 9652 To:18552806757

IT IS FURTHER ORDERED that Metropolitan Life and Mettopolitan Tower shall

brevocably change the beneficiary for the Hughes Assigned Payments to the Transferee, and no

olber individual or entity other than the Transferee shall have the authority to change the

beneficiary for the Hughe$ Assigned Payments.

IT IS FURTHER ORDBRE.D that pursuant to the Texas Transfer Statute, by making and delivering the Tc:im Payments to Peachtree as set forth in the preceding paragraphs, MetLife

shall. as to all puties except Peachtn:e, be discharged and released from any and all liability for the Term Payments.

rt A1I costs of Cowt me taxal agtdl9t Metl::if'~. This Order is a final judgment md is intended to and does fully and fUtally dispose of all claims and relief requested in this

proceeding. All olher relief not expressly piled in this order is DENIED.

July

SIGNED this~ day 0~2015.

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JlJ..-01-2015 12: 12 From:The Cop~ Center 361 668 9652 To:18552806757 P.tte:EV9

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11

Jll.-01-2015 12:13 From:The Cop~ Center 361 668 9652 To:18552806757

Asreed to and Approved As to Form and Substance:

NBSBIIT, VASSAR&: MCCOWN, LLP 158Sl Dallas Parkway, Suite 800 Addison, TX 75001 PH. (972) 371-2411 Telecopier-(9 ) 371-24

By: _~!!!f!l~~~...:::JU--­ Earl S. N itt Staui Bar No. 14916900 David S. Vassar State Bar No. 20503175

AITORNEYS FOR PBACHTREB SBlTLEMENT FUNDING. UC

APPROVBD AS TO FORM ONLY:

David Walsh, Esq. State Bat Cam No. 00786327 dwalab@wulhlawcc.com 711 N. Carancahua St., Suite SlO ... ..

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Cor:pus Christi. TX 78401 TcJ. (316) 882-2088

... 11 ·

Fax. (316) 288-8010 .A.ttorneysfor MM>opolltan Life Insurance Company and Metropolitan Tower Life Iruuran~ Company OfCougsel

Andrew J. Lorin (Admitted Pio Hae Vice) Drinker Biddle & Reath LLP One Lopn SqUlll'C, Suite 2000 PbUadelphia, PA 19103 Telephone 215-988-2806 Facsimile 2ts-988-27S7

PJtfALOBDIR APPBQYDfG TMNSflR Of PA81UL STRtJCJl]RID 5mYWW' PA\'MW RIGHTS -Pqe 7 of?