Hoyt W. and Barbara D. Young, et al. - Page 11

                                        - 11 -                                        
          of Appeals stayed the proceedings in docket No. 00-70858 (the               
          test case appeal) pending resolution of the various nontest case            
          matters.  Izen and respondent contested the jurisdictional issue            
          in the Adair appeal over the next several months.                           
               In an order dated May 10, 2001, the Court of Appeals decreed           
          that the Jones petitioners’ interlocutory appeals (as well as               
          those filed by Sticht) “shall be held in abeyance pending                   
          resolution of the appeal in no. 00-70858” (the test case appeal).           
          On November 20, 2001, the Court of Appeals issued a similar order           
          in the Adair appeal.  The next day, the Court of Appeals lifted             
          the stay of proceedings in the test case appeal.                            
               Meanwhile, in January 2001, the Defense Fund, acting through           
          a five-person “steering committee” following Kersting’s death in            
          March 2000, had retained attorney Michael Louis Minns (Minns) to            
          replace Izen.  Although Minns entered appearances in the test               
          case appeal on behalf of the Dixons, DuFresnes, Owenses, and                
          Hongsermeiers, Izen remained counsel of record for the Youngs in            
          that appeal (and counsel of record in the Adair appeal).                    
               On or about April 16, 2001, Izen sent a demand letter to the           
          Defense Fund requesting payment of alleged outstanding fees.  In            
          a subsequent lawsuit (filed in the District Court of Harris                 
          County, Texas) against the Defense Fund, members of its steering            
          committee, and its business manager, Izen alleged that as of                

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011