Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/17/2015 2:11:40 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00138-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 3/17/2015 2:11:40 PM CHRISTOPHER PRINE CLERK No. 01-14-00138-CV _________________________________________________________________
In the FirstCourt of Appeals Houston, Texas _________________________________________________________________
ROLANDO ACEVEDO, ET AL., Appellants, v.
THE O’QUINN LAW FIRM, ET AL., Appellees.
_________________________________________________________________
On Appeal from the Probate Court Number 2, Harris County, Texas Cause No. 392,247-416 _________________________________________________________________
U NOPPOSED T HIRD M OTION TO A BATE A PPEAL
P ENDING S ETTLEMENT A PPROVAL TO THE HONORABLE FIRST COURT OF APPEALS:
Appellants, Rolando Acevedo, et al., respectfully file this Unopposed
Second Motion to Abate this appeal pending confirmation of acceptance of a
tentative settlement agreement between the parties of this appeal.
1. This case is pending in this Court. The Clerk’s Record was filed on
August 6, 2014.
2. Appellants’ brief was originally due September 6, 2014.
3. The parties have been involved in settlement negotiations, which have
been fruitful. The clients have been contacted to seek their agreement to a global
settlement. At this stage, Appellants asked for and received an abatement from the
Court of Appeals on September 18, 2014.
4. As requested by the Court, Appellants filed a letter on November 3,
2014, requesting that the Court keep this appeal in abeyance to allow the parties to
resolve these claims.
5. As the Court has requested, Appellants provided their latest status
report to the Court on February 20, 2015.
6. Since the last update, the Parties have been haggling over the terms of
the formal release. Because of the number of lawyer defendants and their counsel,
obtaining clarity and agreement from so many lawyers has proved daunting.
However, the Parties are confident that a final formal release will be forthcoming
relatively soon. Thereafter, the releases will be sent to Appellants as well as all
other clients connected to this suit (approximately 1075 clients). Once the releases
have been received back from the clients, Appellants expect to dismiss this appeal.
7. It is expected to take approximately sixty to ninety days before all the
releases have been sent out and received back. Thus, Appellants request the Court
to extend the abatement of this appeal until approximately June 20, 2015.
Accordingly, Appellants Rolando Acevedo, et al ., respectfully request that
this Court abate this appeal until June 20, 2015.
Respectfully submitted, /s/Lance Christopher Kassab Lance Christopher Kassab State Bar No. 00794070 lck@texaslegalmalpractice.com David Eric Kassab State Bar No. 24071351 dek@texaslegalmalpractice.com 1420 Alabama Houston, Texas 77004 Telephone: 713.522.7400 Facsimile: 713.522.7410 Attorneys for Appellants C ERTIFICATE OF C ONFERENCE I have conferred with Dale Jefferson, one of the attorneys for Appellees, and
he is unopposed to this motion.
/s/Lance Christopher Kassab Lance Christopher Kassab *4 C ERTIFICATE OF S ERVICE On March 17, 2015, I electronically filed this Unopposed Motion to Abate
Appeal Pending Settlement Approval with the Clerk of Court using the
eFile.TX.gov electronic filing system which will send notification of such filing to
the following (except where alternate service is otherwise noted):
Jim Peacock Dale Jefferson
L AW O FFICES OF J IM P EACOCK M ARTIN D ISIERE J EFFERSON &
112 East 4th Street W ISDOM LLP
Houston, Texas 77007 808 Travis, Suite 1800
jimpeacock@msn.com Houston, Texas 77002
jefferson@mdjwlaw.com /s/Lance Christopher Kassab Lance Christopher Kassab