L.D. Brinkman Investment Corporation, L.D. Brinkman Jr., Pamela Brinkman Stone and Charles Thomas v. Kathleen Sparrow Brinkman, Individually and as of the Estate of Lloyd D. Brinkman

Opinion

Fourth Court of Appeals

San Antonio, Texas

November 21, 2016

No. 04-16-00651-CV

L.D. BRINKMAN INVESTMENT CORPORATION, L.D. Brinkman Jr., Pamela Brinkman Stone and Charles Thomas, Appellants

v.

Kathleen Sparrow BRINKMAN, Individually and as Executor of the Estate of Lloyd D.

Brinkman, Deceased,

Appellees

From the 198th Judicial District Court, Kerr County, Texas Trial Court No. 16331B

Honorable Rex Emerson, Judge Presiding

ORDER

On November 4, 2016, attorney John W. Carlson filed a “Notice of Substitution of Lead Counsel for L.D. Brinkman Investment Corporation” (“the Corporation”). In response, the current lead counsel for the Corporation, Thomas & Blackwood, LLP, filed a letter advising that Mr. Carlson had filed a motion in the trial court to substitute as counsel for the Corporation and that the motion was opposed by current lead counsel and still pending. Accordingly, on November 9, 2016, this court issued an order abating the substitution of lead counsel filed by Mr. Carlson pending a ruling by the trial court on the substitution of lead counsel matter. We have now received a supplemental clerk’s record that contains the trial court’s order denying Mr. Carlson’s motion to substitute as lead counsel for the Corporation. We therefore ORDER our prior abatement lifted and this appeal reinstated. We further ORDER the clerk of this court to disregard Mr. Carlson’s Notice of Substitution of Lead Counsel for L.D. Brinkman Investment Corporation and maintain Tom Thomas of Thomas & Blackwood, LLP as lead counsel for L.D. Brinkman Investment Corporation.

We order the clerk of this court to serve a copy of this order on John W. Carlson, all counsel, and the trial court.

_________________________________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of November, 2016.

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Keith E. Hottle Clerk of Court