,_ v - Fifth Court of Appeals

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ADOLPH R. HERRERA, JR.,
Plaintiff
v.
No. DC-10-06883
INVICTUS PARTNERS, LLC, JOSEPH A. §
FABIANI, and ALBERT GUARDADO, §
v.
Defendants §
KENDRICK B. TOUSSAINT,
Third-Party Defendant
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JUDGMENT
IN THE DISTRICT COURT OF
DALLAS COUNTY TEXAS
298 1 H JUDICIAL DISTRICT
On July 29, 20 II, the Court considered Plaintiffs Motion for Summary Judgment in the
above-styled case. The Plaintiff appeared through his attorney, Nowak & Stauch, LLP, Defendant
Invictus Partners, LLC did not appear, Defendant Joseph A. Fabiani appeared via telephone, pro se,
and the Court detennined that it has jurisdiction over the parties hereto and the subject matter
herein. The Court having received evidence that the automatic stay that issued pursuant to Joseph
A. Fabiani's bankruptcy has been lifted as to these proceedings and having detennined that the
granting and entry of this judgment does not violate that automatic stay, is of the opinion that the
Plaintiff's Motion should be GRANTED. Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Adolph R. Herrera, Jr.
shall recover from lnvictus Partners, LLC and Joseph A. Fabiani, jointly and severally, the sum
of$175,000 in actual damages on his claim that Joseph A. Fabiani caused lnvictus Partners, LLC
to transfer to money and/or property to Joseph A. Fabiani and Alberto Guardado through false
pretenses, false representations, and actual fraud, other than a statement respecting the debtor's
or an insider's financial condition (Plaintiffs claims of actual fraud and fraudulent transfer).
IT IS FURTHER ORDERED, ADJUDGED, and DECREED that that Adolph R. Herrera,
PAGF;l
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