Innovation Resource Solution, LLC ( 2015 )

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On February 27, 2015 the Honorable Judge Evans rescinded her order of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