Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 1/26/2015 4:03:13 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00215-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 1/26/2015 4:03:13 PM CHRISTOPHER PRINE CLERK
NO. 01-14-00215-CV
IN fiIE
COURT OF APPEALS FOR THE FIRST DISTRICT OF THE STATE OF TEXAS AT HOUSTON
LETIIA PILI,AI
Appellanf
vs. JESUS VEGA AND DALIA VEGA Appellees,
On Appeal from 234th Civil District C-ourt of Harris C-ountv. Texas-cause tr2011-68692 REQUEST BY APPELI"A}TT TO KEEP CASE PENDING AT THIS TIME AS DISMISSAL COULD RESULT IN APPELLEES ATTEMPTING TO COLLECT FTILL JUDGMENT
NEII ELEMENT IN TIIIS APPEAL
I.
A. c. K. Pillai. is the father of Appellant real gartg in lnterest, including the person whose ftmds are
referred to as Appel-Iant's futtds, but are actuallV the ftmds of
said G. K. Pi7Lai) .
B. c. K. PiIIai was shot the stomach, a few days ago, while he !,ras in his C.P.A. office in Denver Harbor, it is
understood a man about 18 to 20 years ol-d, apparently on
seeking money for drugs. It is understood the perpetrator of
the crlne stole something like $20.00 then shot e. K. PillaL fled. G. K. Pil.lai was in the hospital as the bullet lt is
understood went through his pancreas. He is out now, but has not
been able to get in to talk with Appellantrs attorney, except
briefly on phone, while he was the hospital to just gLve
fact he had been shot bare details stated above.
C. Therefore, it is requested that the First of
Appeals NOT DISMISS THIS CASE ON MONDAY, JANUARY 26, 2OLS AS NOlv
SCHEDULED. There is more to this motion, set out bel-ow, but this is believed, needed to be stated first,
fact it to show that
dismissal- with more detail just is not possible at this time. II,
BRIEF BACKGROT'ND A. This case was settled at MedLation on June LI, 2O!4.
After sorne discussions between counsel on both sides, Appelleers
attorney, on Jufy 7, 2OL4, had spent considerable time preparing
five documents needed to folfow through with compl-etion of this
case. These documents prepared by Appellantrs attorney finally
agreed to by Appellees' attorney on or about July 28, 20L4. Those
documents vrhich were to sign, their attorney receive $24,000.00 settlement cashier's check conclude Mediation
Settfement Agreement, exchanging said check for the signed,
notarized documents to be given to Appellantrs attorney. The
Document r^rere absolutely necessary conclude this matter, as they
were:
1. Notice of Settlenent at Mediation. WhLch was jointly signed sent 1st Court of Appeal-s
within one or two days.
2. Settlement Agreement this Ls the short title. This docrnnent is to fiTe with First of Appeals- Eouston). This was basically the full- version of the mediation settlement memorandun signed at Mediatlon. It is understood that Appel-l-ees' attorney agrees on this document it is not one that was issue changes. Appellantts attorney been tol-d it is okay.
3. Ouit CLain Deed. This docunent has been redone several times i.t is understood that the last version is now okay with ApSrellees I attorney Appellees have signed or are signing this last version, 4. Release Judqment Lien. This document has
been redone several times it is understood last version is now okay with Appellees I attorney Appellees have signed or are signing this last version. 5. Joint Aqreed Post-Judoment ltotion To Release Supersedeas Bond Funds In Reoistrv Of The Court. 6. Joint Aoreed Order To Release Supersedeas Bond Furtds In Registry The Court.
B. apparently had some conflict in their relationship. Upon Appellant I s attorney challenge made at
Medj-ation, that al-l necessary parties were not present,
5
attorney announced at Mediation, that Jesus vega had the authority
of his !'ri fe to settle the case. Appellant secured a cashier's
check for $24,000.00 (which is sti77 in AppTTant's attorneg's safe
awaiting deliverg of tbe signed, notarized documents ) and has been
there awaiting completion for months now. Apparentl"y tbe
represerrtation made AppelJ-ees I attorney once documents
vrere delivered to him for his clients to sign, check ready
to be del-ivered, he would have sign the documents documents and check could then be exchanged.
C. Instead, Appellant has had to file with this Court a Motion Compel i then an updated Motion to Compel for
Sanctionsi then as Request an Emergency Hearing.
D. Appellees I attorney has ceased responding to
anything whlch Appellantrs attorney sends to him and those
documents filed. Now this given notice that the thing
which needs to be done, if for Appellant to file a rBreach of
Contractr action to enforce the nediation Agreement. The Court
also stated it would be dismissing this appeal . III.
PROBLEM WITH DISMISSAL A. The problem that Appellantrs attorney sees a
di.smissal" are these:
1, Appellant is stifl out the Supersedeas Bond amount $32,594.97 pfus accrued interest, which ls to paid Appellantt 2- Appell"ant also has put out $24,00O.OO, settlement amount, which is being held by Appelleesl *5 attorney in his safe, to deliver ln return for the slgned documentsi
3. Appellant has had to expend thousands of doll-ars already, in attorneyrs fees and expenses in trying to enforce the Mediation Settlement Agreement, there is not even any response no$r from Appellees t attorney.
4. If this appeal is di.smissed, then this is what could happen:
a. Appelleesr attorney, using dismissal of this appeal First Appeals, couLd attempt then to obtain the S32,594.97 plus accrued interest, supersedeas bond, showing that Appeal is not longer pending and hence they are entj-t1ed to the amount of the origi.nal j udgnent t and,/or b. Even if Appellant files the suit as suggested by this Court is the proper procedure, before service could be obtained upon and thej.r attorney and law firm, to obtain a possible inj unction against such action, a. Just above could occur. Once those funds were given to the Appellees, any action for breach contract, could be a hollow judgment, as the funds would already have been spent, glven asray or gonei and/or c. It may Appellant cannot even get cooperation from Appellees I attorney provide *6 service address each of the Appellees, it might take months a large expense to try to locate get them served, and then a 1ot of expense to get to a judgment for Appellant, which may just the same thing as an order to comply with the Mediation Settlenent. rv.
MINIMUM RELIEF SOUGHT A. Appellant therefore requests that this Court not dismiss this case on January 26, 2OL5 as present OTder states
will be done, unless this motlon is fil-ed to be considered by this
Courti and
B. this appeal be kept on the docket of this Court, until- Appellant can file a suit in llarris County District Court,
gain service upon the Appellees, and an injunction from that
District Court upon the Appellees the Harris County District
Clerk not to disburse the funds in the Registry of this Court,
wlthout an Agreement signed by or an Order of
District Court Judge in the new case;
C. If this could determine it 1egal basis to act upon the motions sanctions previously filed in this
court (it is believed nelther motion nor the reguest for an
emergencg hearing is contested), order reasonable attorneyrs
fees and expenses, as requested, as an incentive to the
to try to resolve thls matter without expense another entire
]aw suit; and/or, in the alternative,
D. Because of such breach by Appellees and their
attorney, because of the fact that the Appellees' jointly requested
that they be able to go to nediation to settle this casei signed
the Mediation Settlement Agreement, thereby agreeing to the
settlement t but then ignored the settlement alternative provided by
tftis Court, settled the case, but then rirould not honor the
settlement made under ausplces of this Courti and hence their
Answer Appeal- shoul-d be dismissed and this Court reverse and
render in favor of the AppeJ.lant, by the default of the
in this Court.
E. It should be noted by Appellant AppellantIs attorney, that a sizeable amount of the Medlatton Settlement
Agreement amount, 1s offset by considerable amount tlme and
work expense by Appellantrs attorney, in attempting gain
conpletion of the mediation settlement agreement, attempt to
enforce it through motions request emergency hearing in
this Court, and in trying to prevent this Appeal from being
dismissed, possibly allowing Appellees to grab the origlnal
J udgment amount in the Registry of the trial court, by
dismissal of the Appeal in this Court.
F- It is beli-eved that thj.s Court has the ability to enforce actions it has taken and have been ignored by one party
therefore can sanctioned the First Appeal-s.
V|HEREFORE, PREMISES CONSIDERED, Appellant aJld her father, rea] partg intetest person who paid over
556,000.00 now being held bg the Registrg of the Harrj-s Countg
District CTerk and AppeTTant's attorneg, in the forfr of the
Supersedeas Bond and interest AND the cashier,s check in
AplreIlanX's attotneg's safe) requests that this Appeal kept on
the active docket of this Court, until notLce is given suit
to enforce been filed; the Appellees their attorney and/or
law f itn ) served with citation; an injunction granted the Judge
of the Court in the new case uporl upon the Harris
County District Clerk from distrlbuting the funds in the Registry
without proper agreement of the parties attorneys or order of Judge in new casei therefore, ability the
and/or their attorney or faw firm, from being able to obtain
funds Harris County District C1erk's Regj.stry, being secured
pending such agreement or Court Orderi such other
further relief, at law or in equity, to which Appellant is justJ.y
entitled.
RespectfulIy submitted, T. W. PROCTOR T. W. Proctor, J.D.---Attorney for AppelLant Glendale Mediation Center 630 Uvalde Houston, TX 77Ot5-3766 (7L3) 453-8338 rBA #16350000 FAx (713) 453-3232 email : auraman(aswbell.net *9 CERTIFICATE OF SEFVICE On January 23, 2OI5, I, T. W. proctor, J.D., attorney for Appellant, hereby certify that I have delivered a true correct
copy above instrument( s ) to each attorney record or pro
se party herein, at address(es) shown below: by filing same
through ProDoc with a copy designated sent such attorney
or partyi or by placing same a U.S. post-paid certified mail
wrapper, addressed as shown below, deposited with U. S.
Postal Servicei or sendl-ng by FAx:
DANIEL F. CASTANEDA, J.D., Buckley, White, Castaneda & Howell,
L.L.P., 240J- Fountainview, Suite L0O0, Houston, Texas 77057 7L3
749-77OO FAx 7L3 789-7703 TBA #O398O54O Email:
dcastaneda@bwchlaw. com attotneg Jesus Dalia Vega)
T. W. Proctor, J.D.--Attorney for Appellant