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,_ v - Fifth Court of Appeals

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Jr. recover from Defendants Joseph A Fabiani and Invictus Partners, LLC, jointly and sever&lly,<br />

attorneys' fees in the amount <strong>of</strong> $61,848.47 pursuant to TEX. Bus. & COM. CODE § 24.013.<br />

IT IS FURTHER ORDERED, ADJUDGED, and DECREED that that Plaintiff Adolph R.<br />

Herrera, Jr. recover from Defendant Joseph A. Fabiani exemplary damages in the amount <strong>of</strong><br />

$350,000 on Plaintiffs claim <strong>of</strong> actual fraud.<br />

IT IS FURTHER ORDERED, ADJUDGED, and DECREED that that Plaintiff Adolph R.<br />

Herrera, Jr. recover from Defendant Joseph A. Fabiani, and from Defendant lnvictus Partners, LLC,<br />

jointly and severally, pre-judgment interest in the total sum <strong>of</strong> $13,945.86.<br />

IT IS FURTHER ORDERED, ADJUDGED, and DECREED that that Plaintiff Adolph R.<br />

Herrera, Jr. recover from Joseph A. Fabiani and lnvictus Partners, LLC, jointly and severally, post-<br />

judgment interest on the total sum awarded herein ($600, 794.33) at the rate <strong>of</strong> twelve percent ( 12%)<br />

per annum, compounded annually, from the date this Judgment is signed until it is paid in full.<br />

IT IS FURTHER ORDERED, ADJUDGED, and DECREED that Adolph Herrera shall be<br />

entilied to recover from lnvictus Partners, LLC and Joseph A. Fabiani, jointly and severally, an<br />

additional $25.000 in reasonable and necessary attorneys' fees in the event this Judgment is<br />

unsuccessfully challenged with a Motion to Modify Judgment, a Motion for New Trial, or is<br />

unsuccessfully appealed by any Defendant to the <strong>Court</strong> <strong>of</strong> <strong>Appeals</strong>, plus an additional $15,000 in<br />

the event any Defendant files an unsuccessful appeal to the Texas Supreme <strong>Court</strong>.<br />

All relief requested by Plaintiff against Defendant lnvictus Partners, LLC or against<br />

Defendant Joseph A. Fabiani that is not granted herein is DENIED WITHOUT PREJUDICE.<br />

/<br />

Signed on this the !J day <strong>of</strong> August, 2011.<br />

FI. .... AL JUI>G!\HXJ' PAG[ 2<br />

193

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