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Estate of Alan Morgan Humphrey
05-15-00589-CV
| Tex. App. | Sep 22, 2015
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*0 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 9/22/2015 3:36:36 PM LISA MATZ Clerk *1 ACCEPTED 05-15-00589-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 9/22/2015 3:36:36 PM WWW.Sl’ENCERLAWPC.COM R, K E V 1 N S 1> E N (3 1.; R . SPENCER LISA MATZ CLERK E.

BRENDAN P. l-IARVELL TIMOTHY J. MILLER ALEXANDRA L. WALES MAXWELL S. BAYMAN September 22,

Fifth Court of Appeals VIA E-FILING George L. Allen, Sr. Courts Bldg.

600 Commerce Street, Suite

Dallas, Texas 75202-4658

Re: Estate of Alan Morgan Humphrey, Deceased; Cause No. 05-15-00589-CV— Fifth Court of Appeals , Dear Fifth Court of Appeals:

On May 8, 2015, Denna Shaw (“Ms. Shaw” or “Appellant”), pro se, filed a Notice of Appeal in the above—referenced matter seeking to appeal a Final Judgment signed and entered by the Dallas County Probate Court, Number Three (the “Probate Court”), in Cause No. PR-13- 02943-3 related to an alleged breach of contract. Apparently, as part of her docketing statement, Ms. Shaw included George Alexander Carlson (“Mr. Carlson”) as a party to her appeal. However, while a party of record, Mr. Carlson was n_0t a party to the underlying breach of contract action in the Probate Court. In fact, Mr. Carlson attempted to intervene in the breach of contract action by filing a Plea in Intervention, Original Answer and Response to Breach of Contract Claim (the “Plea in Intervention”), but the Probate Court granted a Motion to Strike Intervention filed by Roger Humphrey (“Mr. Humphrey” or “Appellee”) and prohibited Mr. Carlson from intervening (since he was not a party to the underlying and disputed contract). As a result, Mr. Carlson was not included in nor was he a party to the bench trial on the breach of contract action in the Probate Court, which is the subject of this appeal. A true and correct copy of the Final Judgment listing the Parties thereto is attached hereto as Exhibit “A ”.

Despite not being a party to the underlying breach of contract action, Mr. Carlson and his prior counsel, R. Kevin Spencer, Zachary E. Johnson and Brendan P. Harvell, and their law firm, SPENCER LAW, P.C. (collectively, the “Spencer Group”), were included in the pro se appellate filings by Appellant. While the Spencer Group has never entered an appearance in this appeal, this letter is serve as notice to the Fifth Court of Appeals that the Spencer Group no longer represents Mr. Carlson in the Probate Court and that the Probate Court has previously signed an Order Granting Amended Motion to Withdraw as Counsel. A true and correct copy of the Order GrantingAmended Motion to Withdraw as Counsel is attached hereto as Exhibit “B”. As a result, the Spencer Group respectfully requests that the Fifth Court of Appeals remove them from appellate docket and all future correspondences and filings.

2010 Ross TOWER, 500 N. AKARD STREET, DALLAS, TX 75201 (214) 965-9999 FAX: (214) 965-9500

Fifih Court of Appeals September 22, Page 2 of 2 If you have any questions, please give me a call. Sincerely yours, Brendan P. Harvell Enclosures xc: Alex Carlson - VIA E-MAIL Nathan K. Griffin - VIA E-FILE Brandy Baxter-Thompson - VIA E-FILE Deena Shaw - VIA E-MAIL ‘opinion Judgment should be entered in favor of Defendant, Roger Humphrey, and Judgment should be entered against Denna Shaw. announced in open court on the record on Alan the of requested, the matter proceeded to trial ‘before the Court. The the having considered the July testimony the witnesses, the documents admitted into evidence, and the arguments of counsel, is of 22, 2014, is to perform in accordance with the terms of the agreement; and that Denna failed Shaw’s has resulted in damages in the amount of $24,478.45. of Independent Executor of nonperforinariee been has Denna a binding agreement on the parties thereto to read as set forth in Shaw Exhibit and is incorporated by reference as if set forth in full herein; that “A” having Court, No Answer Plaz‘ntxfi"s Original .Petitz'or’z, Counterclaim, and Request for Disclosure whereby Original Roger jury a» cause of action for Breach of Contract against Humphrey Denna ’.v Morgan-Humphrey,

ESTATE OF Page — JUDGMENT FINAL $24,478.45. of sum Defendant the ALAN MORGAN l-IUMPHREY Denna from recover and have Deceased, DECEASED. Shaw Shaw. asserted Estate in person and through his trial. for ready announced Parties all and ROGER “Parties”); the (collectively, se pro appeared (“Denna”) attorney of record, Nathan K. Griffin; and DENNA Deceased, (“George”) appeared Morgan I-IUMBHREY (“Roger”) appeared through his attorney, Humphrey, Baxter- Thompson; GEORGE H. Brandy Independent ABNBY, Alan of Estate the SHAW Executor of FURTHER IS IT ADJUDGED AND DECREED that the George Abney, as ORDERED, IT Supplemenl IS, THEREFORE, ORDERED, ADJUDGED and DECREED agreement to Humphrey’s trial a on On cause this in held was Roger 2015, 12, January I PR-13-2943-3 NO. CAUSE FINAL JUDGMENT *3 \ § § § § § V _ IN NUMBER THREE OF COURT DALLAS COUNTY, TEXAS THE PROBATE ’ ""“ 'i'>'n—1§—uE§4'§—a' '\ “ll Efnuummm \ ~~ M l lllllllllllllllllll llllll ~ ’ 3 E 3 [6] z K E E’ an ‘

~ from rendered this Final Judgment is hereby DENIED. Shaw. Denna granted shall 622.50 $ of amount the in fees attorneys’ necessary and reasonable 10, bear post-judgment interest Judgment. Final this enforce to issue may process other paid. until judgment of date the from annum per 5% of rate the at his recover in Executor Estate the in fees attomeys’_ necessary the reasonable Alan recover and have Deceased, and of and amount Humphrey,

Independent Shaw, Morgan from $5,600.00 of Denna FURTHER ADJUDGED AND DECREED and writs appropriate all ORDERED, IT that expressly not relief all that DECREED IS AND ORDERED, FURTHER IS IT 15. gammy, ADJUDGED DECREED have ADJUDGED Humphrey Roger that DECREED AND ADJUDGED ORDERED, FURTHER IS IT ORDERED SIGNED, this AND day 0 as Abney, George [0 IT IS FURTHER ORDERED, AND ENTERED judgment the that DECREED AND ADJUDGED FURTHER IS IT herein ORDERED, CAUSE PR-13-2943-3 NO. ‘J DGE1>‘1a2‘dQ}bfi\IGl N \ M _ l '

FINAL JUDGMENT -- Page 2

EXHIBIT “A” “CAUSE No. PR—l3—02943—3 IN THE MATTER OF, IN THE PROBATE COURT ) THE MARRIAGE OF ) ) ) DALLAS, TEXAS ALAN MORGAN HUMPHREY ) Decedent, ) and ) DENNA SHAW ) Applicant, ) AND IN ESTATE OF ) ) No. 3 JUDICIAL DISTRICT ALAN MORGAN HUMPHREY *******fi****************** REPORTER‘S RECORD AGREEMENT ll ‘k*‘k*‘k'k*'k****'k3\"I(*‘k***‘k‘k*irir* ll On 22nd day July, 2013 following proceedings came on be heard in above—entit1ed and'numhered cause before Honorable Associate John Peyton, JUDGE presiding, held Dallas, Dallas County, Texas: Proceedings reported by Machine shorthand. REPORTER,214—336-6283 Micaela.7@att.net A P P E A R A N c E S 2 FOR DECEDENT ALAN MORGAN HUMPHREY 3 D. WOODARD GLEN, P.C. NATHAN GRIFFIN 4 Attorney at Law ‘ Independent Executor 5 2626 Cole Avenue Ste. 510 6 Dallas, Texas 75204 2l4~758-3000 8 FOR THE APPLICANT DENNA SHAW, INDIVIDUALLY STEVEN ALDOUS 9 ALDOUS—STEVEN E. Attorney at Law 10 500 Crescent Court Dallas, Texas 75231 11 214—716~21OO ' ’ 12 FOR NECESSARY PARTIES: BRANDY BAXTER THOMPSON 13 CALLOWAY, NORRIS, BURDETTE, & WEBER, PLLC Attorney at Law 14 440 Turtle Creek Center 3811 Turtle Creek Blvd. 15 Dallas, Texas 75219 16 17 18

.19 20 21 22 CERTIFIED COURT REPORTER,214-336-6283 Micaela.7®att.net EXAMINATION INDEX MRS. DENNA SHAW

DIRECT BY MR. GRIFFIN . . . . 11 CROSS BY MS. THOMPSON ‘l5 MR. GEORGE ABNEY DIRECT BY GRIFFIN DR. ROGER LEE HUMPHREY DIRECT BY MS. THOMPSON is MS. PATRICIA LYNN HUMPHREY DIRECT BY MS. THOMPSON . . . . MS. PATSY HUMPHREY DIRECT BY MS. THOMPSON . . REPORTER,214-336-6283 Micaela . 7@at:t .net » THE COURT: Good morning ladies and gentlemen. You ready to proceed? MR. ALDOUS: Yes, Your Honor. THE COURT: If would announce appearances please, for the record. This is Cause PR~13—2943—3, styled in the Estate of Alan Morgan Humphrey,'the number which I just recited is suit for declaratory judgment versus ancillary to the Estate of Alan Morgan Humphrey. ALDOUS: Steve Aldous for Petitioner

10 Denna Shaw. 11 ‘MR. GRIFFIN: Your Honor, Nathan Griffin for 12 George Abney one of defendants in this matter, 13 independent executor estate Alan Humphrey. 14 MS. THOMPSON: Your Honor, Brandy Baxter l5 Thompson, attorney for Roger Humphrey, Sarah Humphrey, l6 Morgan Humphrey. Your Honor, while not 17 18 made an appearance formerly on record today, on 19 record today appear on behalf Patsy Humphrey 20 Pat Humphrey. 21 COURT: Very well. One housekeeping matter we need attend before we continue. That is; my name is John Peyton. I'm hearing in my capacity as an Associate Judge Probate 25 Courts Dallas County. COURT REPORTER,214—336—62B3 Micae1a.7@att.net

~ Do you and each of you agree that I may hear this in that capacity that you will agree to waive any appeal you may have right to appeal you may have to elected judge of court, an agree appeal any decision from my court directly to court appeals? MR. ALDOUS: Petitioner so waives. MR. GRIFFIN: Petitioner, George Aoney so waives, Your Honor. MS. THOMPSON: My client's agree, Your Honor. THE COURT: Very well. I understand that an ll agreement has been reached in matter. MR. ALDOUS: Yes, Your Honor._ The parties to case have reached an agreement concerning matters in controversy. And I'm not sure just exactly how you want, whether or not you'll want swear Mrs. Shaw in too. We plan on proving it up right now front you. opposing counsel, recite And I would let the, counsel, terms. will either agree or we'll discuss it unless have different way proceeding. MS. THOMPSON: That's fine. COURT: All right. it right here. ALDOUS: Actually, So let me go ahead. COURT REPORTER,214~336-6283 Micaela.7@att.net COURT: Okay. if you, when and if you want to elicit any testimony.from you client, we will then swear her in. Or if intend to do it I'll go ahead and swear her in now. ALDOUS: We'll wait. Your Honor, so the agreement I'm gonna recite the terms of the agreement and hopefully I will recite them correctly. To the extent don't, I feel comfortable in the fact that counsel will let me know. In exchange for a release from Denna Shaw and a potential release from Alex Morgan »- mean, ll Carlson, sorry. Alex Carlson who is one of residuary beneficiaries and who is Mrs. Shaw's son. In exchange for a release from those two as flowing to the estate and to the administration the estate, they will accept a deed for the home at 3650 Asberry, Dallas, Texas 75205 to be further described and Meets [and Bounds for general warranty deed provided to them jointly. In exchange for that, Mrs. Shaw will waive any all claims remainder estate and is also contemplated Alex Carlson. That they will not make anymore claims any part estate cash or any other property.of estate. All personal property possession of REPORTER,2l4—336—6283 Micaela.7@att.net *12 Mrs. Shaw and also Mr. Carlson will remain in their possession other than two silver pheasants which are firom the family of Mr. Humphrey. The sterling silverware set that belonged to Alan Humphrey's grandmother and the Red Fez which is a hat which will also be provided. Those items will be provided to me at my office to be exchanged with the defense or with the other side at the time the deed is tendered and the 10 releases are provided. Both sides will agree to pay their own fees 11 12 and expenses. All parties on other side of 13 Case agreed not to participate or actively assist 14 in defense of a medical malpractice case that might be 15 brought on behalf of Mrs. Shaw relating to death 16 of Alan Humphreys._ But we recognize that event 17 they are subpoenaed to testified that they will comply 13 with any compulsory of subpoena. would 19 not be violation of this agreement. 2o Both sides agreed to execute mutual releases saying they release other party from any all 21 claims. All of is agreed to by Mrs. Shaw, however; Mr. Carlson who is age majority has

'24 consult with his attorney will have agree to any these terms. YNOSTROSA REPORTER,2l4—336—6283 Micaela.7@att.net *13 An enforcement of agreement will be subject to the other sides desires and wishes even if, no matter what Mr. Carlson does, in otherwords, it's out of Mrs. Shaw's hands. It is now in the hands of the other side. One moment, Your Honor. (Short pause in proceedings) ALDOUS: That's right. The cars which are part of the personal property will remain the possession of Mrs. Shaw and Mr. Carlson which is the truck the other car, the Mercedes. -So I believe states the substance ll agreement. And I'll look for them to add anything else that they feel necessary. MS. THOMPSON: One thing I would like to ‘correct the record, Your Honor, is Mr. Aldous reference general warranty deed. don"t believe there was a discussion about specific type deed. believe our clients would be willing to sign -— or estate will be willing sign a deed without warranty or a special warranty deed, not a general warranty deed. Furthermore, Your Honor, there is mortgage on property and we want make it clear that Mrs. Shaw her son Alex will be deeded property YNOSTROSA CERTIFIED COURT REPORTER,214—336—6283 Mioaela.7@att.net

~ and they will assume all debt related to that house including taxes, insurance, and the mortgage. The estate has paid the mortgage through today and upon the transfer of the deed then Mrs. Shaw her son Alex will assume all of that debt. ,Furthermore, it's my understanding, Your Honor, that all of the parties understand that this will be reduced to writing. There will be a formal settlement agreement that will include the terms and it may also include additional language to further 10 state the claim, state the terms clearer. So that

.11 that will be requirement all the parties to sign 12 13 off on. 14 COURT: Mr. Aldous? 15 ALDOUS: The only thing that would add 16 is that all outstanding expenses related to the home 17 would be paid up—to-date at the time of the transfer. 18 all documents related to mortgage all 19 ongoing expenditures will be provided to us to 20 allow us continue those payments. 21 The special warranty deed is fine. The -- 22 reducing it writing is appropriate. would also state one terms agreement that we‘ve discussed is confidentiality. other than advisers who assist each parties with respect MICAELA YNOSTROSA CERTIFIED REPORTER,214-336-6283 Micaela.7@att.net

~

10 taxes so forth that the terms agreement made here today will remain confidential other than to those advisers. And terms deadline for Mr. Carlson to either accept or reject, I did not discuss that with them other than I know that lawyer he's been consulting with is out until Wednesday. would ask —— until midweek next week. MR. GRIFFIN: How about end business on Monday, would be sufficient? MR. ALDons; think that's sufficient. THE COURT: Mr. Griffin? MR. GRIFFIN: And one other thing, Your Honor, it goes without saying, but I'd say it anyway, this matter will be dismissed with prejudice. MR. ALDOUS: Correct. THE COURT: The action now pending before the court cause number we're talking about today will be dismissed with prejudice. MR. ALDoUs:' Correct. MR. GRIFFIN: Correct. COURT: All right. Mr. Aldous does recitation into record this morning, does that recite entire agreement parties? ALDOUS: It does. at time, I YNOSTROSA COURT REPORTER,2l4—336~6283 Micae1a.7@att.net

call Denna Shaw. THE COURT: We will get to you. Mr. Griffin does recitation recite entire agreement parties? MR. GRIFFIN: It does, Your Honor. THE COURT: Mrs; Brandy Baxter Thompson, same question? MS. THOMPSON: Yes, Your Honor. THE COURT: All right. Mrs. Shaw, if you'll come forward up here and take witness stand. Raise your right hand. Please be seated speak directly into microphone. THE WITNESS: Okay. MR. GRIFFIN: Ma'am, if you would, young lady that's right front you is taking down your testimony needs to hear everything you to say. So make sure speak loud enough her hear. All right. WITNESS: Okay. MRS, DENNA SHAW. having been first duly sworn, testified as follows: DIRECT EXAMINATION BY GRIFFIN: Q. You understand we're here today prove up resolution your claims against estate to M1CAELA REPORTER,214—336-6283 . Micae1a.7@att.net establish you as the common law spouse Alan Humphreys? A. Yes. Q. And you understand that you‘ve agreed to accept the home at 3650 Asberry paid up—to-date at the time transfer to you in exchange for waiving any other claims you might have against estate? A. Correct. Q. And you understand that your son Alex has to have his own separate agreement to also agree to have ll «that home deeded to both you and he? A. Yes. Q. And you understand Alex is going to consult with a lawyer protect his own rights? A. Yes. Q. you also understand you'll be provided a special warranty deed which is a type of deed exchange a release from you, releasing all those parties related estate? A. understand I deed. I don't know differences between them. Q. Okay. understand that. Other than the part about type deed though understand you'll be getting property, and you'll be releasing people? YNOSTROSA CERTIFIED COURT REPORTER,214—336—6283 Micae1a.7@att.net 13. A. Correct. Q. And you understand that you will no

further claims against the estate after this proceeding, after this agreement, if it becomes final? A. This only pertains to me, correct? Q, That's correct. A. Correct. Q. Now, you also understand that the cars that are in your possession will remain in your possession will remain yours? A. Yes. Q. You also understand that the personal property your possession will remain in your possession other than the two silver pheasants, sterling silverware set that belonged to Alan's grandmother Red Fez, understand that; right? A. Yes, sir. Q. you understand you're gonna deliver those me so can provide those to other side at consummation settlement? A. Yes. But may say something on record? Sure. Q. A. I've not been able locate hat they're talking about. REPORTER,214—336—6283 Micaela.7®att.net

14 Q. ‘All right. Well, you agree here on the record to make a diligent search, that means, to search as much as you can to find whatever it is that they've asked for? A. Yes, sir. Q. All right. And you also understand that both sides have agreed to pay their own fees and expenses. In other words, you cannot ask them to pay any of my fees expenses. And they cannot ask you to pay any 1o of their fees expenses? 11 A. Yes. 12 Q. And you also understand that as part this

I 13 parties on other side agreed not to 14 actively assist or help any defendant a potential 15 medical malpractice case that you might file on 16 behalf —- on your behalf, against those who treated Alan prior his death? 17 13 A. Yes. 19 Q. And you understand that, they, if they are 2o subpoenaed testify or otherwise compelled to 21 testified that would not be breach this 22 agreement? A. Yes. Q. understand as part settlement agreement, lawyers typically sit down and MICAELA REPORTER,214—336—6283 Micae1a.7@att.net

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15 type out a settlement agreement and present it to each party for signature. And you understand that that's part what process will be here? A. Yes, sir.‘ 0. All right. With all that said, do you agree resolve case as we've discussed? A. Yes. MR. ALDOUS: I pass witness, Your Honor. COURT: Any questions for this witness? GRIFFIN: No question, Your Honor. MS. THOMPSON: Mrs. Shaw, I just have a ll couple quick questions for you. CROSS—EXAMINATION BY MS. THOMPSON: Q. The agreement that your attorney just went over with you, you've discussed that with him, correct? A. Yes. Q. Okay. do you understand all terms that he has outlined you? A. think do. Q: Okay, You understand that today by stating, know, on record you are agreement with this is binding agreement it's irrevocable? REPORTER,2l4—336—6283 Micaela.7@att.net

16 A. I understood that ya'll could revoke it if ‘ you wanted to. Q. But do you understand that you cannot, that you're bound by the agreement, and you cannot revoke it once you have agreed, you consented to it; correct? A. Yes. Q. Okayi MS. THOMPSON: Nothing further, Your Honor. THE COURT: Mr, Aldous?

10 MRL ALDOUS: Nothing further, Your Honor. 11 THE CGURT: Ladies gentlemen, I believe 12 13 concludes hearing. MR. GRIFFIN; Your Honor, think we'd like 14 15 to call our folks just to make sure everybody agrees. 1b THE COURT: Okay. You may. You most 17 certainly may. 18 MS. THOMPSON: Your Honor, would like for 19 us call clients up one at time to testify or would it —— 20 ALDOUS: no objection having 21 them stand up there and nod at witness stand, if court reporter can hear it. COURT: All right. If ya'11 would all stand up accept oath. Raise your right hands. 25 YNOSTROSA REPORTER,214—336—6283 ‘ Micae1a.7@att.net (The witnesses were sworn) THE WITNESSES: Yes. COURT: You may proceed. MR. GRIFFIN: only have one client. MR. GEORGE ABNEY,

having been first duly sworn, testified as follows: DIRECT EXAMINATION BY GRIFFIN: Mr. Abney, you are the Independent Executor Q. Estate of Alan Humphrey, are you not? A. Yes, sir. Q, Xou heard terms this agreement that Mrs..Shaw testified this morning, did you hear that? i A. did, sir. Q. Is that agreement that we discussed in this matter? VA. Yes, sir. Is agreements you've agreed to Q. in this matter? A. Yes, sir. Q; You consulted with me as well as other parties this matter. And believe it's in best interest estate? A. Yes, sir. YNOSTROSA REPORTER,2l4—336—6283 Micae1a.7@att.net

~ 18 MR. GRIFFIN: Pass the witness, Your Honor. ALDOUS: No questions. MS. THOMPSON: No questions. DR. ROGER LEE HUMPHREY. having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. THOMPSON: Q. would you have state your full name, please? A. Dr. Roger Lee Humphrey. Q. And Dr. Humphrey have you, you heard all of

10 testimony provided earlier regarding terms of 11 settlement with respect estate Alan 12 13 Humphrey? 14 A. I do. 15 Q. And you consulted with me, your attorney, 16 regarding those terms? 17 A. I have. 13 Q. And you do you agree consent 19 settlement has been outlined Courtroom 2o today? 21 A. do. Q. Okay. also power attorney your son Morgan Humphrey your daughter Sarah Humphrey? 25 A. do. COURT REPORTER,214-336-6283 Micaela.7@att.net

19 Q. And you've also consulted with both them about this? A. have. Q. And do they consent through you terms settlement agreement? A. They do. Q. Okay. Would you state -- MS. THOMPSON: No further questions. MR. GRIFFIN: No questions. ALDOUS: No questions. I0 COURT: Call your next witness. 11 12 PATRICIA LYNN HUMPHREY, 13 having been first duly sworn, testified as follows: 14 DIRECT EXAMINATION 15 BY MS. THOMPSON: 16 Q. Mrs. Humphreys, would you state you full name 17 record? 18 A. Patricia Lynn Humphrey.

19 Q. And Mrs. Humphrey, you heard all 20 terms settlement agreement? 21 A. Yes. Q. you consulted with me regarding those terms? A. Yes. 25 Q. And agree consent terms as YNOSTROSA REPORTER,2l4-336-6283 ‘ Micaela.7@att.net

outlined today in the courtroom? A. I do. MS. THOMPSON: I pass the witness. MR. ALDOUS: No questions. MR. GRIFFIN: No questions, Your Honor. MS. THOMPSON: Mrs. Humphrey. THE WITNESS: Patsy Harrison Humphrey. PATSY HUMPHREY. having been first duly sworn, testified as follows: >DIRECT EXAMINATION BY MS. THOMPSON: Q. And Mrs. Humphrey, heard the testimony today all terms regarding the settlement agreement with respect claims that been made estate Alan Humphrey? A. have. Q. And you've discussed those terms with me? A. Yes, I_have. Q. Do you agree and consent terms settlement? A. Yes, do. MS. THOMPSON: Pass witness. MR. ALDOUS: No questions, GRIFFIN: No question, Your Honor. COURT: All right. Anything further? YNOSTROSA COURT REPORTER,2l4~336—6283 Micaela.7@att.net

21 MS. THOMPSON: I no further witnesses, Your Honor. MR. GRIFFIN: Nothing further, Your Honor. MR. ALDOUS: I'll close. THE COURT: Everybody rest and close? MS. THOMPSON: Close. MR. GRIFFIN: Yes,.Your Honor. MR. ALDOUS: Close. THE COURT: assume there's no argument? THOMPSON: None.

10 MS. GRIFFIN: None. MR. ALDOUS: None, Your Honor. MR. COURT: Now, we're finished. THE MR. ALDOUS: Thank you, Your Honor. THE COURT: Thank all your efforts in case. know it has been somewhat arduous undertaking. MR. GRIFFIN: Thank you. MS. THOMPSON: Thank you, Judge. MR. ALDOUS; Thank you, Judge, for indulging us. (End proceedings 9:57 a.m.) 25 CERTIFIED COURT REPORTER,2l4-336~6283 Micae1a.7@att.net 22 STATE OF TsxAs ) COUNTY OF DALLAS )d I, Micaela Ynostrosa, Deputy Certified Court Reporter in and for Probate Court No. 3 of Dallas County, State of Texas, do hereby certify the above and foregoing contains true and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for the parties be included in this volume of the Reporter's Record, in above-styled and numbered

10 cause, all of which occurred open court or in 11 I2 chambers and were reported by me. 13 further certify this Reporter's Record 14 of proceedings truly correctly reflects the 15 exhibits, if any, admitted by respective parties. 16 further certify that the total cost 17 preparation Reporter's Record is was I 1e paid/will be paid by. 19 WITNESS MY OFFICIAL HAND this the 11th day of 20 August, 2013. 21 Micaela Ynostrosa, Texas CSR 2869 IExpiration Date:_ 12/01/15 22 State Texas, County Dallas 1232 Hollywood Avenue Dallas, Texas 214-336—6283 25 COURT REPORTER,2l4—336—5283 Micaela.7@att.net *28 Q ORIGINAL CAUSE No. PR-13-02943-3

IN RE: ESTATE OF IN THE PROBATE COURT § 4} NUMBER THREE OF ALAN MORGAN HUMPHREY, § § DECEASED DALLAS COUNTY, TEXAS § ORDER GRANTING AMENDED MOTION TO WITHDRAW AS COUNSEL On day, Court considered R. Kevin Spencer, Zachary E. Johnson, Brendan P. Harvcll, and SPENCER LAW, P.C.’s Amended Motion Withdraw as Counsel (the “Amended Motion”) for GEORGE ALEXANDER CARLSON. The Court, having reviewed the pleadings, ‘and having heard any and all objections, finds that the Amended Motion should all things be GRANTED. IT IS THEREFORE ORDERED that R. Kevin Spencer, Zachary E. Johnson, Brendan P. Harvell and SPENCER LAW, PC. are all hereby allowed withdraw as attorneys and are hereby fully completely discharged as attorneys of record GEORGE ALEXANDER CARLSON and of all other duties and obli ation in this case. " SIGNED AND ORDERED 015. e/A / \ B Peytow . udée . the Probate Courts of Dallgs MOTION WITHDRAW To Solo GRANTING

ORDER As COUNSEL- Page ll/ll/llllllll! ~ CUW/l _ Pn»1a'.um on .. AI IURNEV W"'“’"/iW 3 3 T 5 [6] 5 E m 2- . .

Case Details

Case Name: Estate of Alan Morgan Humphrey
Court Name: Court of Appeals of Texas
Date Published: Sep 22, 2015
Docket Number: 05-15-00589-CV
Court Abbreviation: Tex. App.
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