Rolando Acevedo v. the O'Quinn Law Firm, John M. O'Quinn & Associates, LLP, and T. Gerald Treece, as Independent of the Estate of John M. O'Quinn

• Court: Court of Appeals of Texas
• Decided: March 17, 2015
• Docket: 01-14-00138-CV
• Status: Published

Opinion

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 _________________________________________________________________ FILED IN 1st COURT OF APPEALS In the FirstCourt of Appeals HOUSTON, TEXAS Houston, Texas 3/17/2015 2:11:40 PM _________________________________________________________________ CHRISTOPHER A. PRINE Clerk 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 _________________________________________________________________

UNOPPOSED THIRD MOTION TO ABATE APPEAL PENDING SETTLEMENT APPROVAL

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.

2 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

CERTIFICATE OF CONFERENCE

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

3 CERTIFICATE OF SERVICE

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 LAW OFFICES OF JIM PEACOCK MARTIN DISIERE JEFFERSON & 112 East 4th Street WISDOM LLP Houston, Texas 77007 808 Travis, Suite 1800 jimpeacock@msn.com Houston, Texas 77002 jefferson@mdjwlaw.com