________________________________________________________________________

April 9, 2015 

NO. _________ ______________________________________________________________________________

IN THE FIRST COURT OF APPEALS

AT HOUSTON, TEXAS

______________________________________________

IN RE ERNESTO CARRILLO AND 

TEXAS LPG STORAGE COMPANY, 

RELATORS

____________________________________________

From the 245th District Court of Harris County, Texas

The Honorable Roy Moore, presiding 

Trial Court Cause No. 2014-30215 

In the Matter of the Marriage of Evangelina Lopez Guzman Zaragoza and Miguel Zaragoza 

Fuentes and Co-Respondents, Elsa Esther Carrillo Anchondo, Robert Dale Caucom, Ernesto 

Carrillo, Raoul Gisler, Abbingdon Marine, Inc., Cadogan Properties, Inc., Dade Aviation, Inc., 

Ezar Management, LLC, Ezar Properties, LP, Texas LPG Storage Company, and 

Texas Overseas Gas Corp.

______________________________________________

RELATORS ERNESTO CARRILLO’S AND TEXAS LPG STORAGE COMPANY’S 

MOTION FOR EMERGENCY STAY OF THE UNDERLYING PROCEEDINGS AND TRIAL 

______________________________________________

Ricardo L. Ramos

State Bar No. 24027648

RICARDO L. RAMOS, PLLC

440 Louisiana, Suite 1450

Houston, Texas 77002

Telephone: (713) 227-7383

Facsimile: (713) 227-0104

rick@rr-familylaw.com

Lucy H. Forbes 

State Bar No. 24007321

THE FORBES FIRM, PLLC

2114 Woodcrest Drive

Houston, Texas 77018

Telephone: (832) 620-3030

Facsimile: (832) 532-3789

lucy@forbesfirm.com

ATTORNEYS FOR RELATORS, ERNESTO CARRILLO AND TEXAS LPG STORAGE CO. 

** ORAL ARGUMENT REQUESTED **

ACCEPTED

01-15-00322-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

4/9/2015 3:11:12 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/9/2015 3:11:12 PM CHRISTOPHER A. PRINE Clerk
1 

Relators Ernesto Carrillo and Texas LPG Storage Company ask this Court 

for an emergency stay of the underlying proceedings and trial and would show this 

Honorable First Court of Appeals as follows:

INTRODUCTION 

Relators are Ernesto Carrillo and Texas LPG Storage Company. Real Party 

in Interest is Evangelina Lopez Guzman Zaragoza. Respondent is the Honorable 

Roy Moore of the 245th Judicial District Court in Harris County, Texas.

Relators have filed a Petition for Writ of Mandamus. They now file 

contemporaneously with that Petition, this Motion for Emergency Stay of the 

Underlying Proceedings and Trial. At present there is no trial setting, but there are 

underlying proceedings.

Relators notified all parties by electronic filing that a motion for emergency 

stay has been be filed. See TEX. R. APP. P. 52.10(a). At around 2:06 p.m. today, 

counsel Ricardo Ramos for Relators called counsel for Real Parties in Interest, 

Jeannie McDowell, who was out of the office, so he left a message with Marissa at 

her office, and emailed all other counsel, indicating Relators’ intention to file this 

emergency motion to stay.

This Petition for Writ of Mandamus arises from the 245th District Court’s 

denial of Relators’ Plea to the Jurisdiction. The underlying matter is a Petition for 

Divorce, filed by Real Party in Interest, Evangelina Lopez Guzman Zaragoza, to 
2 

dissolve a marriage from 1953 between she and Miguel Zaragoza Fuentes.

Evangelina filed for divorce in Juárez in 1959, and the Second Civil Court, 

in the City of Ciudad Juárez,1

Relators supplied the 245th with the necessary information under Texas 

Rule of Evidence 201. The trial court’s duty to take judicial notice was mandatory.

The Mexican Divorce Records establish that there is no marriage, which deprives 

the 245th of subject matter jurisdiction over a divorce action. Moreover,

Evangelina’s Texas counsel presented for admission into evidence P-2, which is 

the original and translated versions, of the Mexican Divorce Sentence and the 

Mexican Divorce Certificate, at the Plea to the Jurisdiction hearing, and had no 

objections to Relators’ translations. Yet, the 245th refused to take judicial notice of 

the Mexican Divorce Records, which showed they have been divorced since 1959, 

and the 245th lacks subject matter jurisdiction to divorce them; thereby abusing its 

discretion.

in the State of Chihuahua, Mexico dissolved her 

marriage to Miguel Zaragoza Fuentes in 1959. 

Evangelina has initiated two proceedings pending in two different countries: 

in Juárez, Mexico, she wants the 1959 Mexican divorce annulled, and in the 245th 

in Harris County, she claims she is still married, and wants a divorce. She cannot 

collaterally attack the Mexican Divorce Records in the 245th.

 1 The city of Ciudad Juárez is commonly referred to as Juárez.
3 

All of her experts who testified at the Plea to the Jurisdiction hearing agreed 

that the Juárez courts are the proper forum, and the only court with jurisdiction, for 

an annulment of 1959 Mexican divorce, under Mexican law and procedure, where 

Evangelina’s annulment proceeding is ongoing. 

The Relators have no legitimate connection to this family matter. Ernesto 

Carrillo is Miguel’s employee and Texas LPG Storage is Carrillo’s company. 

Evangelina is forum shopping. Only one of these countries’ courts can have 

subject matter jurisdiction over the legitimacy of the 1959 Mexican divorce. And 

that court, according to Evangelina’s own experts, is the one in Juárez.

Relators seek to have this Court stay the underlying proceedings and the trial 

so that it may consider their Petition for Writ of Mandamus, whereby they 

requested that this Court command the 245th vacate its Order Denying the Plea to 

the Jurisdiction, mandate that it sign an Order dismissing the lawsuit and all its 

claims so that the court with jurisdiction in Juárez can adjudicate Evangelina’s 

claim, and for all other relief to which they are entitled.

ARGUMENT AND AUTHORITIES

This Court may grant temporary relief pending its determination of an 

original proceedings. See TEX. R. APP. P. 52.10(b). This emergency stay is 

necessary to maintain the status quo of the parties and to preserve this Court’s 

jurisdiction to consider the merits of the original proceeding.
4 

The 245th District Court lacks subject matter jurisdiction over this divorce 

case because, first, Relators supplied the 245th with the necessary information

under Texas Rule of Evidence 201 for it to take judicial notice of the Mexican 

Divorce Records. The trial court’s duty to take judicial notice was mandatory. The 

Mexican Divorce Records establish that there is no marriage, which deprives the 

245th of subject matter jurisdiction over a divorce action. Moreover, Evangelina’s 

Texas counsel presented for admission into evidence P-2, which is the original and 

translated versions, of the Mexican Divorce Sentence and the Mexican Divorce 

Certificate, at the Plea to the Jurisdiction hearing, and had no objections to 

Relators’ translations. (1-RR-34-35, 67, 161, 166-67). Yet, the 245th refused to 

take judicial notice of the Mexican Divorce Records, which showed they have been 

divorced since 1959, thereby abusing its discretion.

Second, the matter of the legitimacy of Evangelina’s and Miguel’s 1959 

Mexican divorce is pending in a simultaneous proceeding in the City of Juárez, in 

the State of Chihuahua, in Mexico, which Evangelina initiated, where she seeks to 

annul the divorce under Mexican law. The courts in Juárez, Chihuahua in Mexico, 

which dissolved the marriage in 1959, have jurisdiction, not the 245th Judicial 

District Court in Harris County. 

Evangelina’s own experts all testified that the Juárez, Chihuahua court is 

competent and has jurisdiction to decide her annulment of the 1959 Mexican 
5 

divorce action, which is pending. And the Mexican lawyer representing her in that 

lawsuit testified at the Plea to the Jurisdiction hearing that Evangelina has the 

resources and is zealously pursuing her claim to the annul the marriage there. 

Finally, that same Mexican lawyer is representing Evangelina in another 

proceeding in Juárez, brought by Miguel, to enforce the 1959 Mexican divorce.

Evangelina initiated the underlying divorce proceeding in the 245th District 

Court claiming she is married, when at the same time, she is asking the Mexican 

courts to determine whether she really is. She cannot collaterally attack the 1959 

Mexican divorce here.

Evangelina is forum shopping. It’s that simple. 

Both Mexico’s and Texas’ courts cannot have subject matter jurisdiction. 

It’s apparent from the witnesses and testimony at the Plea to the Jurisdiction 

hearing that only the Juárez court that dissolved the marriage in 1959 has 

jurisdiction, and is a competent court, to consider her challenge to the 1959 

Mexican divorce.

Third, and finally, Relators have no legitimate connection to this family 

matter between Evangelina and Miguel. Carrillo works for Miguel. Evangelina’s 

claims against Relators purport to arise out of or depend upon a matrimonial 

fiduciary relationship that has not existed for over fifty years, no claims against 

them can survive dismissal.
6 

Accordingly, the Juárez court is already considering Evangelina’s annulment 

of divorce and has jurisdiction to do so. The 245th has no subject matter 

jurisdiction.

Thus, Relators respectfully request that this Court stay the underlying 

proceedings and trial, and for all other relief to which they might be entitled, while 

it considers their Petition for Writ of Mandamus.

CONCLUSION

Relators Ernesto Carrillo and Texas LPG Storage Company respectfully 

request that this Court grant this Motion for Emergency Stay of the Underlying 

Proceedings and Trial, in order to preserve the status quo pending this Court’s 

determination of the merits of this original proceeding. They seek all other relief to 

which they might be entitled.
i 

Respectfully submitted,

/s/ Ricardo L. Ramos ______________________________

Ricardo L. Ramos

State Bar No. 24027648

RICARDO L. RAMOS, PLLC

440 Louisiana, Suite 1450

Houston, Texas 77002

Telephone: (713) 227-7383

Facsimile: (713) 227-0104

rick@rr-familylaw.com

Lucy H. Forbes

Texas State Bar No. 24007321

The Forbes Firm, PLLC

2114 Woodcrest Drive

Houston, Texas 77018

Telephone: (832) 620-3030 

Facsimile: (832) 532-3789 

E-mail: lucy@forbesfirm.com

ATTORNEYS FOR RELATORS, ERNESTO 

CARRILLO AND 

TEXAS LPG STORAGE COMPANY
ii 

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above Relators Ernesto Carrillo’s 

and Texas LPG Storage Company’s Motion for Emergency Stay of the Underlying 

Proceedings and Trial has been served electronically through the electronic filing 

manager; in the alternative, it has been served by fax, or by email, as permitted 

under TEX. R. APP. P. 9.5(b) (1) – (2) and the TEX. R. CIV. P. 21(a)(1) - (2) on this 

the day of 9th April, 2015: 

Jeanne Caldwell McDowell 

jcm@houstontrialattorneys.com

Rebekah H. Birdwell 

rhb@houstontrialattorneys.com

The Law Offices of Jeanne Caldwell 

McDowell

603 Avondale

Houston, Texas 77006

Fax: (713) 655-1725

Mary Olga Lovett 

lovettm@gtlaw.com

Greenberg Traurig, L.L.P.

1000 Louisiana, Suite 1700

Houston, Texas 77002

Fax: (713) 374-3505

Lindsey Short

Adam J. Morris

Short Carter Morris, LLP

1177 West Loop South, Suite 700

Houston, TX 77027

Facsimile: 713-759-9650

Kevin D. Jewell

Chamberlain, Hrdlicka, White, 

Williams & Aughtry

1200 Smith Street, Suite 1400

Houston, Texas 77002

Facsimile: 713-658-2553

The Honorable Roy L. Moore

Presiding Judge, 245th District Court

Harris County Civil Courthouse

201 Caroline, 15th Floor

Houston, Texas 77002

___________________________

Lucy Forbes
iii 

CERTIFICATE OF COMPLIANCE - EXPEDITED NOTIFICATION

Under Texas Rule of Appellate Procedure 52.10(a), I certify that on April 9, 

2015, I notified/made a diligent effort to notify by expedited means, all parties to 

the original proceeding by the method identified below, that a motion for 

emergency stay had been, or would be, filed.

By telephone call at 2:06 p.m. by

speaking to Marisa

Jeanne Caldwell McDowell 

jcm@houstontrialattorneys.com

Rebekah H. Birdwell 

rhb@houstontrialattorneys.com

The Law Offices of Jeanne Caldwell 

McDowell

603 Avondale

Houston, Texas 77006

Fax: (713) 655-1725

By electronic service

Mary Olga Lovett 

lovettm@gtlaw.com

Greenberg Traurig, L.L.P.

1000 Louisiana, Suite 1700

Houston, Texas 77002

Fax: (713) 374-3505

By email

Lindsey Short

Adam J. Morris

Short Carter Morris, LLP

1177 West Loop South, Suite 700

Houston, TX 77027

Facsimile: 713-759-9650

By email

Kevin D. Jewell

Chamberlain, Hrdlicka, White, 

Williams & Aughtry

1200 Smith Street, Suite 1400

Houston, Texas 77002

Facsimile: 713-658-2553

By electronic filing

The Honorable Roy L. Moore

Presiding Judge, 245th District Court

Harris County Civil Courthouse

201 Caroline, 15th Floor

Houston, Texas 77002

/s/ Ricardo L. Ramos ______________________________

Ricardo L. Ramos
iv 

CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that 

by telephone call at 2:06 p.m., I conferred, or made a reasonable attempt to confer,

with counsel for Real Party in Interest, Jeanne Caldwell McDowell, about the 

merits of this Motion for Emergency Stay of the Underlying Proceedings and Trial 

with the following result:

□ opposes motion

□ does not oppose motion

□ agrees with motion

□ would not say whether motion is opposed

X did not return my message regarding the motion

/s/ Ricardo L. Ramos ______________________________

Ricardo L. Ramos