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
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