Steve Henson, M.D. and David K. Henson v. Gruber Hurst Johansen Hail Shank, LLP

Opinion

ACCEPTED 05-14-01356-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 2/13/2015 3:16:26 PM LISA MATZ CLERK

CAUSE NO. 05-14-01356-CV

FILED IN 5th COURT OF APPEALS COURT OF APPEALS FOR THE FIFTH DISTRICT DALLAS, TEXAS DALLAS, TEXAS 2/13/2015 3:16:26 PM LISA MATZ Clerk STEVE HENSON, M.D. AND DAVID K. HENSON,

Appellants, v. GRUBER HURST JOHANSEN HAIL SHANK, LLP,

Appellee.

On Appeal from the 134th District Court Cause No. DC-13-00553 of Dallas, County, Texas. the Honorable Dale Tillery, Presiding

APPELLANTS STEVEN R. HENSON, M.D. AND DAVID K. HENSON'S COUNSEL'S MOTION TO WITHDRAW

TO THE HONORABLE FIFTH COURT OF APPEALS:

COMES NOW Appellants Steven Henson, M.D. and David K. Henson's counsel,

Kevin Buchanan & Associates, P.L.L.C., and asks this Court to allow the firm to

withdraw as attorneys for Appellants Steven Henson, M.D. and David K. Henson.

Appellants at issue in this Motion to Withdraw are Steven R. Henson, M.D and

David K. Henson ("Appellants"). Appellee is Gruber Hurst Johansen Hail Shank, LLP.

("Appellee"). Appellants' counsel requests that the Court permit the firm to withdraw

from representation of Appellants and shows the Court as follows:

APPELLANTS STEVEN HENSON, M.D. AND DAVID K. HENSON'S COUNSEL'S MOTION TO WITHDRAW - Page 1 1. Appellants and Appellants' counsel are no longer able to agree on the

defense and prosecution of this matter. Appellants have failed to reasonably cooperate

in the prosecution and defense of this case, in violation of the attorney employment

agreement, Appellants have failed to perform under the terms of the attorney

employment agreement.

2. There is good cause, as required by Texas Rule of Civil Procedure 10, for

the Court to grant the Motion to Withdraw because Appellants and counsel are no

longer able to agree on the prosecution and defense of this matter, Appellants have

failed to reasonable cooperate in the prosecution and defense of this case, in violation

of the attorney employment agreement. At the time of this filing, Appellant's Brief is

currently due on March 7, 2015.

3. Appellants' last known addresses are:

Steven R. Henson, M.D. 7002 W. Clearmeadow Circle Wichita, Kansas 67205 (316) 644-9074

David K. Henson 6620 Eagle Drive Derby, Kansas 67037 (316) 655-3535

4. Appellants do not agree to this Motion to Withdraw. Pursuant to Texas

Rule of Appellate Procedure 6.5, a copy of this Motion has been sent to both Appellants

by first class mail and certified mail at their last known address and Appellants have

been notified of their right to object to the Motion. A copy of this written notification is

attached and incorporated as Exhibit 1.

APPELLANTS STEVEN HENSON. M.D. AND DAVID K. HENSON'S COUNSEL'S MOTION TO WITHDRAW - Page 2 PRAYER For the foregoing reasons, Appe llants' cou nsel asks the Court to grant th is

Moti on to With draw and allow Appe llants adequa te time to obtain new cou nsel. Finally,

cou nsel for Appel lants prays for such relief, both special and general, at law or equity, to

which they may otherwise be entitled .

Respectfully subm itted,

)j~K-?f' " D er= G. Kevin Buchanan State Bar No. 00787161 courtfi lings@ kevinbuchananlaw.com Chad T. McLain State Bar No. 24083484 cmciain@kevinbuchananlaw.com Grant K. Frankfu rt State Bar No. 2407695 1 gfrankfurt@kevinbuchananlaw.com Matthew McDougal State Bar No. 24092799 mmcdougal @ kevinbuchananlaw.com KEVIN BUC HANAN & ASSOC IATES, PLLC 900 Jackson Street, Ste . 350 Dallas, TX 75202 214-378-9500 Telephone 214-365-7220 Facsimile

ATTOR NEYS FOR APPELLANTS STEVEN HEN SON , M.D. AND DAVID K. HE NSO N

APPELLANTS STEVEN HENSON . M. D. AND DAVID K. HENSON 'S COUN SEL'S MOTION TO WITHDR AW - Pa ge 3 VERIFICATION

STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF DALLAS §

On this day, Grant K. Frankfurt appeared before me , the undersigned notary public, and after I administered an oath to Grant K. Frankfurt, upon taking the oath, he said he read the foregoing instrument, the facts in it are within his personal knowledge, and are true and correct.

Sworn to and Subscribed before me , the undersigned authority , by the aforesaid on February 13, 2015.

AiK~/k Notary Public, State of Texas

APPELLANTS STEVEN HENSO N, M.D. AND DAVID K. HENSON 'S COUNSEL'S MOTION TO WITHDRAW - Page 4 CERTIFICATE OF CONFERENCE

A conference was initiated by the undersigned counsel on the merits of the

instant Motion. Parties to this litigation are opposed to this withdrawal.

Certified on February 13, 2015.

~.~ Grant K. Frankfurt

CERTIFICATE OF SERVICE

A true and correcl copy of the foregoing Motion to Withd raw was served upon all

counsel of record on this 13'h day of February , 2015, pursuant to Ihe Texas Rules of

Appellate Procedure .

kk~A-~ Grant K. Frankfurt

APPELLANTS STEVEN HENSON , M.D . AND DAVID K. HENSON 'S COUNSEL'S MOTION TO WITHDRAW - Page 5 KEVIN BUCHANAN & ASSOCIATES, P.L.L.C. ATTORNEYS AT LAW

900 JACKSON STREET G. KEVIN BUCHANAN* (TX, OK) SUITE 350 TELEPHONE: (214) 378-9500 CHAD T. MCLAIN DALLAS, TEXAS 75202 FACSIMILE: (214) 365-7220 GRANT FRANKFURT MATTHEW McDOUGAL *Board Certified Personal Injury Trial Law Texas Board Of Legal Specialization www.kevinbuchananlaw.com

December 16, 2014

Steven R. Henson, M.D. David K. Henson 7002 W. Clearmeadow Circle 6620 Eagle Drive Wichita, Kansas 67205 Derby, KS 67037 Via Email to: cohiba83@hotmail.com, Via Email to: Via First Class Mail and dave_henson@flinthillsnational.com, Via CMRRR No.: Via First Class Mail and Via CMRRR No.:

Re: Steven R. Henson, M.D. and David K. Henson, v. Gruber Hurst Johansen Hail Shank, LLP; Case No. 05-14-01356-CV in the Fifth District Court of Appeals, Dallas County, Texas.

Dear Dr. Henson and Mr. Henson:

Enclosed herein is a copy of Appellants Steven R. Henson, M.D. and David K. Henson’s Counsel’s Motion to Withdraw in the above-referenced matter. You have the right to object to this Motion by submitting such objection, in writing, to the Court.

Should you have any questions, do not hesitate to contact our office.

Kindest Regards,

M.K. Kassie Hines, Senior Paralegal

kh/ enclosures