NO. 01-14-00215-CV

IN

### fiIE COURT OFAPPEALS FOR THE FIRST DISTRICT OFTHE STATE OF TEXAS AT HOUSTON

LETIIA PILI,AI Appellanf

vs.
JESUS VEGA AND DALIA VEGA

Appellees,

On Appeal from the 234th Civil District C-ourt of Harris C-ountv. Texas-causetr2011-68692

REQUEST 

### BY APPELI"A}TT 

### TO KEEP CASE PENDING 

### AT THIS 

### TIME AS 

### DISMISSAL COULD RESULT 

### IN APPELLEES 

### ATTEMPTING TO COLLECT FTILL JUDGMENT

NEII ELEMENTIN TIIIS 

### APPEAL I.

A. c. K. Pillai. is the father of Appellant (and the 

### real gartg in lnterest, including the person whose 

### ftmds are 

### referred to as Appel-Iant's 

### futtds, but are actuallV the ftmds 

### of said G. 

### K. Pi7Lai)

.



### B. c. K. PiIIai was 

### shot in the stomach, 

### a few days ago, 

### while he !,ras 

### in his C.P.A. 

### office in Denver Harbor, by 

### it is ACCEPTED 01-14-00215-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 1/26/2015 4:03:13 PM CHRISTOPHER PRINE

CLERKunderstood 

### a man

### about 18 to 20 years ol-d, apparently on and

seeking money

### for drugs. It is understood 

### that the 

### perpetrator of the crlne stole something 

### like $20.00 and then 

### shot e. K. PillaL and

### fled. G. K. Pil.lai was 

### in the hospital asthe bullet lt is understood wentthrough 

### his pancreas. He 

### is out now, 

### but has not been 

### able to get in to talk with Appellantrs attorney, except 

### briefly onthe phone,while he was 

### in the 

### hospital to just gLve the 

### fact he had beenshot and bare 

### details stated above.



### C. Therefore, 

### it is requested

### that the First Court of Appeals NOT DISMISS THIS CASE ON MONDAY, JANUARY

### 26, 2OLSAS NOlv SCHEDULED. There 

### is more

### to this motion, 

### set out bel-ow, 

### but this fact it is believed, needed

### to be stated first, to show 

### that dismissal- 

### with more

### detail just is not possible 

### at this time.

BRIEF BACKGROT'ND II,



### A. This case was

### settled at MedLation onJune 

### LI, 2O!4. 

### After sornediscussions between counsel on 

### bothsides, Appelleers 

### attorney, on

### Jufy 7, 2OL4, had spent considerable 

### time preparing 

### five documents needed

### to folfow through

### with the compl-etion 

### of this
case. These documents prepared byAppellantrs attorney and

### finally agreed

### to byAppellees' attorney on

### or about 

### July 28, 20L4. Those documents vrhich Appellees were

### to sign, and

### their attorney receive


### a $24,000.00 settlement 

### cashier's check 

### to conclude

### the Mediation Settfement Agreement, by exchanging 

### the said check 

### for the signed, 

### notarized documents

### to be given to Appellantrs attorney. The
Document r^rereabsolutely necessary

### to conclude

### this matter, asthey

were:

### 1. Notice 

### of Settlenent 

### at Mediation. WhLch was



### to be

### jointly signed andsent

### to the 

### 1st Court 

### of Appeal-s 

### within one

### or two days. 

### 2. Settlement Agreement (

### this Ls

### the shorttitle. This docrnnent 

### is to fiTe with the 

### First Court

### of Appeals

### Eouston). This was 

### basically the full- version of the mediation settlement memorandun signed

### at Mediatlon. It is understood 

### that Appel-l-ees' 

### attorney agrees

### on this document and

### it is not one

### that was 

### in issue 

### for changes. 

### Appellantts attorney has beentol-d 

### it is okay. 

### 3. Ouit CLain Deed. This docunent has been redone several times and 

### i.t is understood 

### that the last version 

### is now okay

### with ApSrellees 

### I attorney and Appellees have signed 

### or are signingthis last version, 

### 4. Release 

### of Judqment 

### Lien. This document has been redone several times and 

### it is understood 

### that the 

### last version is now okay

### with Appellees 

### I attorney and Appellees have signed 

### or aresigning this last version. 

### 5. Joint Aqreed Post-Judoment 

### ltotion To Release Supersedeas Bond Funds 

### In Reoistrv Of The Court. 

### 6. Joint Aoreed Order To Release Supersedeas Bond Furtds 

### In Registry 

### of The Court.



### B. Appellees 

### apparently had some

### conflict in their relationship. Upon Appellant I

### s attorney challenge made at Medj-ation, 

### that al-l necessary 

### parties were 

### not present, Appellees

5attorney announced

### at Mediation,

### that Jesus vega had

### the authority

of his !'ri

### fe to settle the case. Appellant secured 

### a cashier's check

### for $24,000.00 (which 

### is sti77 in AppTTant's 

### attorneg's safe awaiting 

### deliverg of tbe signed, notarized documents

### ) and has been 

### there awaiting completion for months 

### now. Apparentl"y tbe represerrtation madeby AppelJ-ees 

### I attorney 

### that once the documents

vrere

### deliveredto him

### for his clients to sign, andthe check ready 

### to bedel-ivered, he would have the Appellees sign the documents and 

### the documents and check couldthen be exchanged.



### C. Instead,Appellant has had

### to file with this Court


### a Motion 

### to Compel 

### i then an updated Motion 

### to Compel and 

### for Sanctionsi andthen as Request 

### for an Emergency Hearing.



### D. Appellees 

### I attorney has ceased responding to 

### anything whlch Appellantrs attorney sends 

### to him and those documents

### filed. Now

### this Court has given 

### notice that the thing which needs

### to be done, 

### if for Appellant to file a rBreach 

### of Contractr action to enforce 

### the nediation Agreement. The Court 

### also stated it would be dismissing 

### this appeal

.

PROBLEMWITH DISMISSAL III.



### A. The problem

### that Appellantrs attorney sees 

### in a di.smissal" 

### are these:



### 1, Appellant is stifl out the Supersedeas Bond amount 

### of $32,594.97 pfus accrued 

### interest, which 

### ls to be paid 

### to Appellantt 

### 2- Appell"ant 

### also has put out $24,00O.OO, the 

### settlement amount, which 

### is being held by Appelleeslattorney 

### in his safe, to deliver ln return for the slgned documentsi 

### 3. Appellant has had to expend thousands 

### of doll-ars already, in attorneyrs fees and expenses 

### in trying to enforce the Mediation Settlement Agreement, and 

### there is not even 

### any response no$r

### from Appellees t attorney. 

### 4. If this appeal 

### is di.smissed, then

### this is what could happen:



### a. Appelleesr 

### attorney, using 

### the dismissal 

### of this appeal bythe 

### First Court 

### of Appeals, couLd attempt then

### to obtain the S32,594.97 

### plus accrued 

### interest, supersedeas bond, showing

### that the Appeal 

### is not longer pending and hence

### they are entj-t1ed 

### to the amount 

### of the origi.nal j udgnent

### t and,/or 

### b. Even 

### if Appellant files the suit as suggested 

### by this Court is the proper procedure, before service could be obtained uponthe Appellees 

### and thej.r attorney and law firm, to obtain a 

### possible inj 

### unction against such 

### action, a. Just abovecould 

### occur. Oncethose funds were given

### to the Appellees, any

### action for breach 

### of contract, 

### could be a hollow judgment, 

### as the funds would already have beenspent, glven asray

### or gonei and/or


### c. It may be

### that Appellant cannot even get cooperation fromAppellees 

### I attorney 

### to provide the

### service address 

### of each

### of the Appellees, and 

### it might take months and 

### a large expense 

### to try to 

### locate and 

### get them 

### served, and then a 1ot of
expense 

### to get to a judgment 

### for Appellant, which may be

### just the same

### thing as an

### order to comply 

### with the Mediation Settlenent.

MINIMUM RELIEF SOUGHT 

### rv.

A. Appellant therefore requests 

### that this Court not dismiss 

### this case on January 

### 26, 2OL5 as

### the present OTder states 

### will be done, unless

### this motlon 

### is fil-ed to be considered by

### this Courti and

### B. this appeal 

### be kept onthe docket 

### of this Court, 

### until- Appellant can

### file a suit in llarris County 

### District Court, 

### gain service upon 

### the Appellees, and an injunction from that District Court upon

### the Appellees and 

### the Harris County 

### District Clerk not to disburse 

### the funds 

### in the Registry of this Court, 

### wlthout an Agreement 

### signed by Appellees 

### or an Order of the 

### District Court Judge 

### in the new case; and



### C. If this Court could determine 

### it has 

### a 1egal basis 

### to act upon

### the motions

### for sanctions 

### previously filed in this court (it is believed nelther motion 

### nor the reguest for an emergencg hearing 

### is contested), and

### order reasonable attorneyrs fees and expenses, as requested, as an 

### incentive to the Appellees 

### to try to resolve 

### thls matterwithout the expense 

### of another 

### entire ]aw

### suit; and/or, in the alternative,

### D. Because 

### of such breach by Appellees and their

attorney, because 

### of the 

### fact that theAppellees' 

### jointly requested 

### that they be 

### able to go

### to nediation to settle this casei signed 

### the Mediation Settlement Agreement,

### thereby agreeing to the settlement 

### t but then ignored the settlement 

### alternative provided by 

### tftis Court, settled the case, but then rirould 

### not honor the settlement made under

### the ausplces 

### of this Courti and hence 

### their Answer 

### to Appeal- shoul-d be dismissed and

### this Court reverse and render 

### in favor of the AppeJ.lant, by

### the default of the Appellees 

### in this Court.



### E. It should 

### be noted by Appellant and AppellantIs 

### attorney, that a sizeable amount

### of the Medlatton Settlement Agreement amount, 1s

### offset bythe considerable amount

### of tlme and work and expense 

### by Appellantrs attorney, in attempting 

### to gain 

### conpletion of the mediation settlement agreement, 

### attempt to enforce 

### it through motions and

### a request 

### for emergency hearing 

### in this Court, and in trying to prevent this Appeal 

### from being dismissed, and 

### possibly allowing Appellees 

### to grabthe origlnal

Judgment amount 

### in the Registry of the trial court, by the dismissal 

### of the Appeal 

### in this Court.



### F- It is beli-eved

### that thj.s Court has

### the ability to enforce actions 

### it has taken and have been ignored by one

### party and 

### therefore can be sanctioned by

### the First Court 

### of Appeal-s.

V|HEREFORE, PREMISES CONSIDERED, 

### Appellant (aJld her 

### father, the 

### rea] partg in intetest and person who has

### paid the over 556,000.00 now 

### being held bg the Registrg of the Harrj-s Countg

### District CTerk 

### and AppeTTant's 

### attorneg, in the forfr of the

Supersedeas 

### Bond and interest AND 

### the cashier,s check in AplreIlanX's 

### attotneg's safe) requests

### that this Appeal be kept on 

### the active docket 

### of this Court, 

### until notLce 

### is given

### that a 

### suit to enforce has been

### filed; the Appellees and

### their attorney (and/or law f

### itn ) served 

### with citation; an 

### injunction granted by

### the Judge 

### of the Court in the new case uporlAppellees and upon

### the Harris County 

### District Clerk from 

### distrlbuting the funds 

### in the Registry 

### without proper agreement 

### of the parties and attorneys 

### or order of the Judge 

### in the newcasei and

### therefore, the 

### ability the Appellees and/or 

### their attorney or faw 

### firm, from being 

### able to obtain the funds 

### in the 

### Harris County 

### District C1erk's Regj.stry, being secured pending such agreement 

### or Court Orderi and 

### for such 

### other and 

### further relief, at law

### or in equity, to whichAppellant 

### is justJ.y 

### entitled. RespectfulIy 

### T. W. PROCTORsubmitted,

T. W. 

### Proctor,J.D.---Attorney for

AppelLant 

### Glendale Mediation Center 630 Uvalde Houston, TX 77Ot5-3766 

### (7L3) 453-8338 rBA #16350000 FAx (713) 453-3232 email 

### : auraman(aswbell.net

## CERTIFICATE OF SEFVICE

OnJanuary23, 2OI5, 

### I, T. W.

### proctor, 

### J.D., attorney 

### for Appellant, hereby 

### certify that I have delivered a

### true andcorrect copy

### of the above instrument( s

### ) to each

### attorney

### of record

### or pro 

### se 

### party herein, 

### at the address(es) shown below: 

### by

### filing same through ProDoc

### with a copy designated 

### to besent

### to such attorney 

### or partyi or by 

### placing same 

### in a U.S. post-paid 

### certified mail wrapper, addressed 

### as shown below, and deposited 

### with the 

### U. S. Postal 

### Servicei 

### or by sendl-ng by FAx: DANIEL 

### F. CASTANEDA, 

### J.D., Buckley, 

### White, Castaneda 

### & Howell, 

### L.L.P., 240J- Fountainview, 

### Suite L0O0, Houston, Texas 77057

### a 7L3 

### 749-77OO 

### FAx 7L3 789-7703 TBA #O398O54O Email: dcastaneda@bwchlaw. com (attotneg 

### for Jesus and

### Dalia Vega)



### T. W. 

### Proctor, J.D.--Attorney for Appellant