Innovation Resource Solution, LLC

ACCEPTED 12-15-00015-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 3/2/2015 9:49:33 AM CATHY LUSK CLERK No. 12-15-00015-CV FILED IN 12th COURT OF APPEALS TYLER, TEXAS . 3/2/2015 9:49:33 AM CATHY S. LUSK Clerk IN THE TWELFTH COURT OF APPEALS TYLER, TEXAS . IN RE INNOVATION RESOURCE LLC, RELATOR __________________________________________________________________ Original Proceeding from Cause No. 3-42109 in the 3RD Judicial District Court Anderson County, Texas _______________________________________________________________ RESPONSE TO PETITION FOR WRIT OF MANDAMUS ______________________________________________________________________________ JAMES D. HANKINS State Bar No. 08912300 LAW OFFICE OF JAMES D. HANKINS 606 East Crawford Street Palestine, Texas 75801 (903)729-2102 (903)731-4731 (Facsimile) jdh@jameshankinslaw.com 1 NO. 12-15-00015-CV IN THE TWELFTH COURT OF APPEALS TYLER, TEXAS IN RE INNOVATION RESOURCE SOLUTION, LLC, RELATOR _____________________________________________________________________ PLAINTIFFS’ REPLY TO DEFENDANT’S MOTION TO RECUSE _____________________________________________________________________ TO THE HONORABLE JUSTICES OF THE TWELFTH COURT OF APPEALS: Appellee, Innovation Resource Solution, LLC, has filed a motion to mandamus the Honorable Deborah Evans based upon her entry of a judgment on January 12, 2015 in the District Court of Anderson County, Texas disqualifying Jeffrey L. Coe as attorney for Innovation Resource Solution, LLC. On February 27, 2015 the Honorable Judge Evans rescinded her order of disqualification. A true and correct copy of the Motion to Rescind and Order on Motion to Rescind is attached hereto as Exhibit A and B. Based upon the Court’s rescission of the order of disqualification, the motion for mandamus is rendered moot. Respondents, Calvin B. Smith and Connie M. Smith, move this Court to dismiss this cause of action as moot. 2 Respectfully submitted, LAW OFFICE OF JAMES D. HANKINS 606 E. Crawford Street P.O. Box 2048 Palestine, TX 75802 Telephone: (903) 729-2102 Fax: (903) 731-4732 By: /S/ James D. Hankins JAMES D. HANKINS State Bar No. 08912300 Email:jdh@jameshankinslaw.com Attorney for Calvin B. Smith and Connie M. Smith CERTIFICATE OF SERVICE I certify that a copy of this document was served by electronic mail service in accordance with the Texas Rules of Appellate Procedure and the Texas Rules of Civil Procedure on March 2, 2015. /s/ James D. Hankins JAMES D. HANKINS 3 CAUSE NO. 3·42109 CALVIN B. SMITH AND CONNIE M. § IN THE THIRD JUDICIAL DISTRICT SMITH, Plaintiffs § § vs. § COURTOF § INNOVATION RESOURCE § SOLUTION, LLC, Defendant § ANDERSON COUNTY, TEXAS MOTION TO RESCIND TO THE HONORABLE JUDGE OF SAID COURT: On January 12, 2015 this Court filed an order disqualifying Jeff Coe as attorney for Innovation Resource Solution, LLC. Although the Court's ruling was correct the Defendant has raised objections to the procedure of the hearing and filed a mandamus with the 121h Court of Appeals. Rather than delay the trial of this matter based upon Defendant's unwarranted objections, Plaintiffs move the Court to rescind its previous order of disqualification without prejudice to Plaintiffs filing a motion to disqualify Jeff Coe as attorney for defendant. 0 Respectfully submitted, N LAW OFFICES OF JAMES D. HANKINS 606 E. Crawford Street ..,.. ~ Palestine, TX 7582 Telephone: (903) 729-2102 Fax: (90 731-4732 ~ / .,____o#-/~ S D. HANKINS e Bar No. 08912300 mail:jdh@jameshankinslaw.com Attorney for Plaintiffs EXHIBIT A Page 1 of 2 LAW OFFICE OF TERRY M. THORN 608 E. Crawford Street Palestine, TX 75801 Tel: (903)729-6087 Fax: (903)729-7605 By:, _ _ _ _ _ _ _ _ _ _ __ TERRY M. THORN Texas Bar No. 19965500 Attorneys for Plaintiffs CERTIFICATE OF SERVICE A true and correct copy of the foregoing instrument was served in ace dance d.!'e_. 202Y with the Texas Rules of Civil Procedure on ~u~ry ~ I),~~~ am s D. Hankins E il: jdh@jameshankinslaw.com EXHIBIT A Page 2 of 2 ') CAUSE NO. 3-42109 .?U';r.rh ·c-o?-/ I!Jt,,z. CALVIN B. SMITH AND CONNIE M. § IN THE THIRD JUDICIAL DISTRICT .II SMITH, Plaintiffs § § vs. § COURT OF § INNOVATION RESOURCE § SOLUTION, LLC, Defendant § ANDERSON COUNTY, TEXAS ORDER ON MOTION TO RESCIND On January 1, 2015, this Court entered an order disqualifying Jeff Coe as attorney for Defendant, Innovation Resource Solution, LLC. Based upon the Defendant's complaint that he was not afforded a fair hearing the Court grants this Motion to Rescind without prejudice to the filing of a formal motion to disqualify. SIGNEDONTHISTHE ,;('J dayof ~ ,2015. ~ JUDGE PRESIDING EXHIBIT B Page 1 of 1