- 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 ofPage: 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