Chief Justice Clerk
James t. Worth en Cathy S.Lusk
Twelfth Court of Appeals
Justices Chief Staff Attorney
Sam Griffith Margaret Hussey
Diane DeVasto
Thursday, December 16, 2004
Ms. Susan D. Bonnen Mr. E. Robert Human
Assistant Attorney General Flowers Davis, PLCC
Transportation Division 1021 ESE Loop 323
P.O. Box 12548 Suite 200
Austin, TX 78711-2548 Tyler, TX 75701
RE: Case Number: 12-04-00010-CV
Trial Court Case Number: 44,456-A
Style: The State of Texas
v.
Donald Howard Davis
You are hereby notified that in the above-described case, the enclosed decision and order was
this day made and entered by this Court.
Very truly yours,
CATHY S. LUSK, CLERK
By: KdjUlUL, Mfi:
Katrina McClenny, Chief Deputy Clerk
1517 West Front Street • Suite 354 • Tyler, TX 75702 • Tel: 903-593-8471 • Fax: 903-593-2193
Serving Anderson, Cherokee, Gregg, Henderson, Hopkins, Houston, Kaufman, Nacogdoches, Panola, Rains, Rusk, Sabine, San Augustine, Shelby,
Smith Upshur, VanZandtand WoodCounties
www. 12thcoa.courts.state.tx.us
CAUSE NO. 12-04-00010-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
THE STATE OF TEXAS, APPEALED FROM COUNTY COURT AT
APPELLANT
} LAW NO 2 IN AND FOR
DONALD HOWARD DAVIS, } SMITH COUNTY, TEXAS
APPELLEE
ORDER
Came on for review the status of the instant appeal, and the same having been considered,
it appears that Appellee's counsel is Mr. Edward Robert Human's and that Mr. Human's license
to practice law has been suspended by order of the Supreme Court of Texas.
On October 18, 2004, this Court sent Mr. Human correspondence informing him that his
name appeared on the List of Inactive Attorneys and requested that he provide proof that his
license has been reinstated, or alternatively, advise this Court of who will be handling this appeal
in his stead. Mr. Human did not respond to this Court's notice. On November 29, 2004, a clerk
of this Court telephoned Mr. Human's office requesting written proof that his license has been
reinstated. No satisfactory response has been received. Accordingly, it is hereby ORDERED
that this appeal be, and hereby is, ABATED until Mr. Edward Robert Human provides this Court
with written proof that his license to practice law in Texas has been reinstated and that he is
presentlyin good standing with the State Bar of Texas. Failureto complywith this Court's order
on or before Monday, January 03, 2005 will result in this appeal being presented to the Court for
entry of an order of permanent abatement, removing this case from the docket of the Court.
WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12th
Court of Appeals District of Texas, at Tyler.
GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this 16th
day of December 2004, A.D.
CATHY S. LUSK, CLERK
12th Court ofAppeals
By; KdjUJWu Ml
Katrina McClenny, Chief Deputy Clerk
Clerk
Chief Justice
Cathy Lusk
James T. Worthen
Justices
Chief Staff Attorney
Sam Griffith
Diane DeVasto Twelfth Court of Appeals Margaret Hussey
October 18,2004
Mr. Robert E. Human
Flowers Davis, PLCC
1021 ESE Loop 323
Suite 200
Tyler, TX 75701
Dear Mr. Human:
The Supreme Court has furnished us a list ofTexas attorneys whose licenses to practice
law have been suspended orremoved by order ofthe Supreme Court for disciplinary sanctions
set forth by the General Counsel's office ofthe State Bar ofTexas. Your name appears on that
list.
Our records show that you currently represent parties on appeal before this Court. Within
14 days herefrom, please provide proof that your license has been reinstated, or alternatively,
advise this Court of who will be handling thesepending appeals in your stead. If we do not hear
from you within the time provided, these cases may be remanded to the trial court for a
determination of whether new counsel should be appointed or retained.
If I can be of assistance to you, please let me know.
/i-3.4'~ OH Very truly yours'
•""'• /'
k_j V iAi ..V CATHY S. LUSK, CLERK
Katrina McClenny, Chief Deputy
•
1517West Front Street • Suite 354 • Tyler, TX 75702 • Tel: 903-593-8471 • Fax:903-593-2193
Serving Andman, Cherokee, Gregg, Henderson, Haptens, Houston, Kaufman, Nacogdoches, Panoh Rains, Rusk, Sabine, San Augustine, Shelby, Smith, Upshur, Van Zandl and Wood Counties.
www. 12thcoa.courts.state.tx.us