Liberty Insurance Corporation v. SM Energy Company et al

Filing 28

FINAL JUDGMENT entered. Case terminated on 2/7/13.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
LIBERTY INSURANCE CORPORATION,
Plaintiff,
v.

SM ENERGY, et al.,
Defendants.

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CIVIL ACTION NO. H-12-3092

FINAL JUDGMENT
Summary judgment is granted for SM Energy Company on its declaratory judgment
counterclaim and on Liberty Insurance Company’s declaratory judgment claim.
Summary judgment is granted for Leonola Hernandez, individually, as a representative of
Daniel Hernandez, Sr.’s estate, and as Daniel Hernandez’s next friend, on her declaratory judgment
counterclaim and on Liberty’s declaratory judgment claim.
Liberty has stated that the claims and issues raised by the parties seeking summary judgment
against it are the same as those that would be raised as to Cantu and Abraham Hernandez, the
defendants who were not served and who did not appear. (Docket Entry No. 27). Summary
judgment is granted for Abraham Hernandez and Kathy Cantu, as Daniel Hernandez’s next friend,
on Liberty’s declaratory judgment claim.
Liberty therefore takes nothing against the defendants in this action.
This is a final judgment.
SIGNED on February 7, 2013, at Houston, Texas.

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Lee H. Rosenthal
United States District Judge