ACCEPTED
12-15-00206-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
8/21/2015 11:08:29 AM
CATHY LUSK
CLERK
IN THE TWELFTH COURT OF APPEALS
TYLER, TEXAS
FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
No. 12-15-00206-CV 8/21/2015 11:08:29 AM
CATHY S. LUSK
Clerk
In re Wendell Reeder
Relator
RELATOR’S MOTION FOR EMERGENCY TEMPORARY RELIEF
TO THE HONORABLE JUSTICES OF THIS COURT:
Wendell Reeder, Relator, asks the Court to grant a motion for emergency
stay of proceedings in the Wood County District Court pursuant to Tex. R. App.
Proc. 52.10(b).
Requested Relief:
Reeder asks the Tyler Court of Appeals to stay all
proceedings at the Wood County District Court, including the
August 25, 2015 hearing on White’s Motion for Summary
Judgment which is dispositive of the entire case, so that status quo
may be maintained.
A. Introduction.
On April 14, 2015, White, attorney, filed a pro se petition in Wood County
District Court for breach of contract against former client, Reeder. CR 1:3. The
petition seeks in excess of $212,000 in unpaid attorney fees in seven cases, and an
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additional $70,000 in attorney fees for prosecuting the instant matter. CR 1:3. To
be clear, White no longer represents Reeder in any action. White is suing Reeder.
CR 1:3.
On June 1, 2015, Reeder appeared through Mayo, Mendolia and Vice, his
counsel of record, and filed an original answer and general denial. CR 1:10.
Ten days later, White filed a page and a half motion to disqualify the entire
firm of Mayo, Mendolia and Vice. CR 1:13. White did not cite a single case, law
or cannon, and did not attach a single piece of evidence. CR 1:13.
Eight days after filing the motion to disqualify, White filed a traditional
motion for summary judgment as to the entire cause of action, now seeking an
award of the attorney fees in excess of $212,000 as though a suit on sworn account
had been filed, seeking to avail himself of suit on sworn account’s procedural
hammer. CR 1:17.
The court held a hearing on White’s motion to disqualify and on July 14,
2015, issued an order disqualifying the entire law firm of Mayo, Mendolia and
Vice. CR 1:2.
Meanwhile, a traditional summary judgment that’s dispositive of the entire
case is pending, and set for hearing on August 25, 2015. CR 1:98.
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B. In order to preserve status quo, Reeder asks this Court to stay the Wood
County District Court proceedings, including any proceedings on White’s
motion for summary judgment, pending the outcome of the appeal.
Reeder asks this Court to stay the Wood County District Court proceedings
pending the outcome of Reeder’s appeal in the Tyler Court of Appeals.
White chose to file an outcome-dispositive motion for summary judgment
within days of filing a motion to disqualify, to take advantage of Reeder while he
was procedurally ham-strung.
This stay is necessary because Reeder should be allowed representation by a
counsel of his choice, particularly when the entire case could become resolved on
its merits.
The temporary relief requested is appropriate in this case because the
emergency stay is necessary to maintain the parties’ status quo or to preserve the
Court’s jurisdiction to consider the merits of the mandamus. TEX. R. APP. PROC.
52.10(b); In re Reed, 901 S.W.2d 604, 609 (Tex. App.—San Antonio 1995, orig.
proceeding.). “The Court—on motion of any party or on its own initiative—may
without notice grant any just relief pending the court’s action on the petition.” TEX.
R. APP. PROC. 52.10(b); see also TEX. R. APP. PROC. 52.10(a) (authorizes Appellate
Court to stay “any underlying proceedings” or “for any other temporary relief”).
Accordingly, Reeder asks the Court to stay the Wood County District Court
proceedings during the pendency of this appeal.
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C. Reeder complied with the certificate of conference requirements of Texas
Rule of Appellate Procedure 52.10
Pursuant to Texas Rule of Appellate Procedure 52.10, counsel represents
and certifies that on August 20, 2015, she contacted White by telephone and
advised that this Motion will be filed August 20, 2015, and White is opposed.
F. Conclusion and Prayer for Relief
Therefore, Reeder respectfully asks this Court to grant its motion for
emergency stay as to the Wood County District Court proceeding during the
pendency of this appeal.
Respectfully submitted,
Martin Walker, P.C.
121 N. Spring St.
Tyler, Texas 75702
(903) 526-1600 Telephone
(903) 595-0796 Facsimile
By: /s/ Marisa Schouten
Marisa Schouten
State Bar No. 24039163
ATTORNEY FOR RELATOR
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CERTIFICATE OF SERVICE
I do certify that a true and correct copy of the foregoing was delivered to all
counsel and parties of record, via email in accordance with the Texas Rules of
Civil Procedure on August 21, 2015.
____/s/ Marisa Schouten________________
Marisa Schouten
CERTIFICATE OF CONFERENCE
I certify that on August 20, 2015, I called opposing counsel of record
regarding this motion and its requested relief, and they are opposed.
___/s/ Marisa Schouten________________
Marisa Schouten
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in Re: Wendell Reeder
Combined Opinion