ACCEPTED
14-15-00291-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
5/15/2015 5:17:32 PM
CHRISTOPHER PRINE
CLERK
NO. 14-15-00291-CV
In The FILED IN
14th COURT OF APPEALS
Fourteenth Court of Appeals
HOUSTON, TEXAS
5/15/2015 5:17:32 PM
CHRISTOPHER A. PRINE
Houston, Texas Clerk
Eric E. Perez and Edmundo Perez,
Appellants,
v.
Le Prive Enterprises, LLC, d/b/a Mekano Live & Grill, and Manuel Arellano,
Appellees.
On Appeal from the 127th Judicial District Court
of Harris County, Texas
Trial Court Cause No. 2013-74140
APPELLEESʼ OBJECTION TO THE COURTʼS ABATEMENT ORDER
AND REFERRAL TO MEDIATION
Daniel W. Jackson, SBN 00796817
Scott K. Vastine, SBN 24056469
Jennifer H. Frank, SBN 24087537
The Jackson Law Firm
3900 Essex Lane, Suite 1116
Houston, Texas 77027
(713) 522-4435
(713) 527-8850 – fax
Counsel for Appellees
TO THE HONORABLE FOURTEENTH COURT OF APPEALS:
Appellees Le Prive Enterprises, LLC, d/b/a Mekano Live & Grill and
Manuel Arellano respectfully object to the Courtʼs abatement order and
referral to mediation pursuant to Section 154.022 of the Texas Civil
Practice and Remedies Code.
Mediation will be futile for the following reasons:
• Appellees literally have no means to make an offer;
• Mediation will only cause appellees to incur costs, which
they have no means to pay;
• Appellantsʼ counsel has already been advised that
appellees no longer own the nightclub at issue because
appellees were behind on rent and the landlord locked
them out. Therefore, appellees do not have standing to
offer appellants ownership in the nightclub or
compensation for management of the nightclub.
Put simply, appellees are not in a position to offer any amount to
settle this case, and there are no other non-monetary issues on which the
parties can reach an agreement. Because there is no possibility of
resolution by mediation, appellees respectfully request that the Court
sustain appelleesʼ objection to mediation and reinstate this case on its
active docket.
WHEREFORE, appellees Le Prive Enterprises, LLC, d/b/a Mekano
Live & Grill and Manuel Arellano respectfully request that the Court sustain
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appelleesʼ objection to mediation and reinstate the case on this Courtʼs
active docket.
Respectfully submitted:
/s/ Daniel W. Jackson
Daniel W. Jackson, SBN 00796817
Scott K. Vastine, SBN 24056469
Jennifer H. Frank, SBN 24087537
3900 Essex Lane, Suite 1116
Houston, Texas 77027
(713) 522-4435
(713) 527-8850 – fax
daniel@jacksonlaw-tx.com
scott@jacksonlaw-tx.com
jennifer@jacksonlaw-tx.com
Counsel for Appellees
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing document was served on all
counsel of record, via ProDocs, on May 15, 2015:
James Nathan Overstreet
J. Nathan Overstreet & Assoc., P.C.
8711 Highway 6 North, Suite 230
Houston, Texas 77095
Via email: overstreetlawfirm@gmail.com
/s/ Daniel W. Jackson
Daniel W. Jackson
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