### No. 12-15-00206-CV

In the 

## TWELFTH COURT OF APPEALS

In re Wendell Reeder

Motion to Reconsider Order Granting Temporary Relief

J. Bennett White State Bar No. 21309800 jbw@jbwlawfirm.com Laura S. Severt State Bar No. 24051886 lsevert@jbwlawfirm.com

J. Bennett White, P.C. P.O. Box 6250 Tyler, TX 75711 (903) 597-4300 Telephone (903) 597-4330 Telephonic

Attorneys for Respondent ACCEPTED 12-15-00206-CV TWELFTH COURT OF APPEALS

TYLER, TEXAS 8/26/2015 8:29:44 AM CATHY LUSK CLERK

### No. 12-15-00206-CV IN THE COURT OF APPEALS FOR THE TWELFTH JUDICIAL DISTRICT OF TEXAS TYLER, TEXAS IN RE WENDELL REEDER, Relator

From the 402 nd

### Judicial District of Wood County, Texas



## Motion of J. Bennett White, P.C. To Reconsider Temporary Relief

TO THE HONORABLE COURT OF APPEALS: Comes now J. Bennett White, P.C., filing th is Motion is order to that the Court may reconsider the temporary re lief granted in favor of Relator for the reasons set forth below. The temporary relief sought by Relator is for purely tactical purposes and should be reconsidered. Relator’s actions are simp ly part of a transparent strategy designed solely to delay collection of a just debt. I. The Urgency Relied upon for Emergen cy Relief Was Ma nufactured by Relator in Order to Unjustly Exploit this Court The case below is for collection of le gal fees owed J. Bennett White, P.C. (“Respondent”), plaintiff below and a party-in -interest in this proceeding. Relator’s initial counsel (“Mayo”) was di squalified on June 23 , 2015 because of a former employee of the plaintiff and of plaintiff’s counsel where the former employee was already working for Mayo at the time he undertook Relator’s representation. At that hearing, Mayo

### informed the Court that he (M ayo) was aware that Relator wa s already inclined to have Mayo’s disqualification reviewed. R. 122 (Tr. pp. 12:25-13:3 “... I understand Mr. Reeder is going to ask me to have th is decision reviewed, I feel confident.” 1 

### ). At that hearing, the court below allowed thirty days before Mayo’s disqualification became effective. Tr. p. 12:20-24. The court below urged Relato r’s counsel to proceed with mandamus, “if you feel like that’s what needs to be done.” Tr. p. 12:6-8. Inexplicably, Relator waited 58 days – until efforts to c ontinue a pending summary judgment hearing failed – before seekin g review. Yet, the tragedy sought to be averted by emergency te mporary relief is the possibility th at Relator’s defense could not withstand a traditional summary judgment motion. Respondent submits that the temporary relief granted Relator should be reconsidered for multiple reasons. II. Mandamus Relief to Preserve Relator’ s Choice of Counsel Could Have Been Brought Well Before Now The unexplained delay between Mayo’s dis qualification and the filing of Relator’s petition for mandamus proves that preserving Re lator’s choice of counsel was not of paramount importance. Relato r commenced this proceeding on August 20, 20 15, 58 days after the disqualification hearing. This proceeding could easily have been commenced during the thirty day interval before Mayo’s disqualification became effective. Relator could easily have sought this stay well prior to the date when his response to Respondent’s summary judgment motion was due. Instea d, Relator waited until the summary judgment hearing was imminent so as to unnecessarily and arbitrarily allow the

1 

### The transcript mistakenly attributes that co mment to the undersigned; however, the speaker from page 12, line 25 to page 13, line 3, was actually Keith Mayo, re presenting Relator.

### urgency to ripen simply to claim an emergenc y in order to get the immediate attention of this Court. Choosing to wait until a threat materializes does not an emergency make. III. The Real Reason Relator Seeks Temporary Relief Is To Delay Collection of a Just Debt Relator’s actions below show that this proceeding is intended solely to obstruct the collection of a justly owed debt. On May 1, 2015 , Mayo wrote counsel for Respondent to inform on his being retained as Relator’s counsel and agreei ng to accept service. JBW001. In a response dated May 4, 2015, Mayo was made aware of the conflict presented by his employment of a potential fact witne ss and that his disqualification would be sought if he proceeded to answer for Relator. JBW-002. Therefore, Relator cannot claim any surprise in that Mayo’s disqualification would be sought, and Relator has had ample opportunity to plan for the possibility that substitute coun sel could be necessary, along with the possibility of having to seek ex traordinary relief be fore this Court. On July 15, 2015, during the period before Mayo’s disqualification became effective, counsel for Responden t sent a letter to Mayo in order to address the summary judgment hearing that had been scheduled for Au gust 10, 2015. JBW-007. In that letter, Mayo was informed that adequate time existed for respondi ng to the summary judgment motion and it was requested that he (Mayo) in form Relator’s new atto rney not to expect that the summary judgment hearing woul d be reset by agreement. JBW-007. On July 23, 2015, Relator’s new counsel (“Walker”) entered an appearance (R. 0093), filed a motion for continuance of th e summary judgment he aring (R. 0095), and inquired by email about po stponing the summary judgmen t hearing (JBW-005). The

### motion for continuance implies that Relato r desired the deposition of Respondent’s principal. R. 0096 (“Defendant is entitled to ..., at a minimum obtain the deposition of ... White”). By email responselater that day, Walker wa s provided with six possible deposition dates prior to the time when Relator’s summary ju dgment response would be due. JBW-005. The court below, of its own volition, reset the summary judgment hearing to August 25, 2015. R. 0098. Relator’s motio n for continuance was heard on August 20, 2015. R. 0099-0 100. On August 18, 2015, Relator’s summary judgment response was filed. R. 0103. That respons e is supported by a two page affidavit by Relator. R. 0115- 116. Relator’s affidavit contends that there were instances when his instructions and strategies were not followed, but that no specific instance s of any such occasions could be provided due to his lack of complete billing records. R. 0115-0116. At the hearing on Re lator’s motion for continuance, Respondent showed that all billing records requested by Relator in order to fully reconcile the account balance had been provided on February 4, 2015 and February 5, 2015 (JBW-008, JBW-011) , and that Respondent and Relator had completely reconc iled all account balances, both paid and unpaid, by March 26, 2015 (J BW-013, JBW-014), preceding the April 14, 2015 filing of Respondent’s original petition. R. 0003. The trial court was provided the July 15 th

### letter to Mayo (JBW-007) and the July 23 rd

### offer of deposition dates for Respondent to Walker (JBW-005) and was informed that despite Relator’s insi stence that discovery was essential, to date no attempt had been made to schedule any deposition and no written

### discovery had even been served. Relator’s motion to continue the summary judgment hearing was denied. Relator has commenced this proceeding st rictly to postpone consideration of plaintiff’s summary judgment motion by the court below, not to preserve his right to counsel of his choice. The affidavit file d by Relator in opposi tion to Respondent’s summary judgment motion is pate ntly insufficient to establis h a genuine issue of material fact. Relator’s opposition to Respondent’s summary judgment eviden ce is limited to two averments: one is Relator’s unqualified imp lication that some of the charges are not reasonable and necessary; the other is Relator’s suspicion that some of the charges were possibly not aligned with his in struction. As to whether th e charges are “reasonable and necessary,” Relator failed to provide any qualif ications that would allow him to render an opinion on the reasonableness or necessity of legal services. As to the failure to follow “particular instructions and strategies,” Re lator did not provide any examples of any instructions or strategies that were not fo llowed, nor did he iden tify any billing entries claimed to be inconsistent with any of his instructions or strategies. Accordingly, Relator’s inability to mount a meaningful opposition to Respondent’s motion for summary judgment is not an emergency warranting temporary relief. The emergency is not th at Relator could be deprivedof counsel of his choice – else the petition would have beenbrought much earlier; the emergency is that Relator has failed to articulate any defense, or to rais e any fact issue, in opposition to the claim brought against him below, and efforts to de lay consideration on th e merits below have failed.

### IV. Any Temporary Relief Should Be Conditioned On Relator Posting Sufficient Bond Alternatively, Relator’s sin cerity in the relief sought by this proceeding can easily be tested. Rule 52.10(b) spec ifies that any temporary relief granted by this Court may be conditioned on the posting of a bond sufficient to protect other parties. Respondent submits that any stay of the proceedings be low should be conditioned on Relator posting bond in the amount of $300,000, which amou nt should be sufficient to provide for the payment of the claim amount, with some allo wance for costs, interest, and attorneys’ fees. If this proceeding is not simply about avoiding payment of a just debt, then Relator should be willing to assureprompt payment for whatev er amount is ultimately determined to be owed, if any. If Relato r is genuinely concerne d that his ability to withstand summary judgment, or to defend the claim on the merits, depends on Mayo’s counsel, then Relator should be willing to protect Resp ondent with a payment bond to facilitate review of Mayo’s disqualification. V. Conclusion For the reasons set forth in this Motion, Respondent urges that the temporary relief previously granted by this Court be reconsidered and, upon su ch reconsideration, that the stay be vacated, allowing th e case below to proceed. Inthe alternative, Respondent requests that the stay be modified an d conditioned on Relator posting bond in Respondent’s favor to secure payment of wh atever judgment is rendered in the court below, in an amount of up to $300,000.

### Wherefore, premises considered, J. Benne tt White, P.C., a party-in-interest, urges this Court to reconsider th e temporary relief granted here in. J. Bennett White, P.C. further requests all such other and further relief to which it may be entitled. RESPECTFULLY SUBMITTED, J. BENNETT WHITE, P.C. P. O. Box 6250 Tyler, TX 75711 Telephone No. (903) 597-4300 Telecopier No. (903) 597-4330
By: J. BENNETT WHITE jbw@jbwlawfirm.com Texas Bar No. 21309800 LAURA S. SEVERT lsevert@jbwlawfirm.com Texas Bar No. 24051886 ATTORNEYS FOR RESPONDENT

CERTIFICATE OF SERVICE I certify that a true and original copy of the foregoing document has been served by fax on this date, August 25, 2015 , as follows: Fax: 903-595-0796 Ms. Marisa M. Schouten Martin Walker, P.C. The Arcadia Theater 121 N. Spring Street Tyler, Texas 75702

_____________________________ J. BENNETT WHITE

### No. l2-15-00206-CV

In the 

## T\ryELF'TH COURT OF 

## APPEALS



# fn re 

## Wendell Reeder



## Appendix of Evidence 

# In Support 

## For Motion to Reconsider



## Temporary Relief

J. Bennett 

## White State 

### Bar 

### No. 21309800 

### jbw@jbwlawfirm.com 

## Laura S. 

### Severt State 

### Bar 

### No. 24051886 lsevert@j bwl 

### awfirm. 

### com 

### J. Bennett 

### White, P.C. P.O. 

## Box 6250 

### Tyler, 

# TX757ll (903) 597 

### -4300 

### Telephone 

### (903) 597 

### -4330 

### Telephonic


### Attorneys for Respondent

### No. l2-15-00206-CV



# TWELFTH In the



## COURT OF 

## APPBALS



# In re Wendell Reeder



# Affidavit

STATE OF 

### TEXAS COUNTY OF 

### SMITH BEFORE 

### ME, the undersigned notary public, on this day personally appeared J. Bennett White, who being 

### duly sworn 

### by me on his oath deposed and 

### said: 

## (l) he is one of the attorneys 

### for plaintiff below 

### in the underlying cause 

### (No.2015-184, J. Bennett 

### White, P.C. 

### v. Wendell Reeder, 

### in the 

### District Court 

### of Wood County, Texas); 

### (2) he has personal knowledge 

### of the documents prepared, issued, 

### filed, and/or served 

### in the underlying cause; (3) he has reviewed all documents submitted 

### in conjunction 

### with the motion to reconsider temporary 

### relief; and (4) each document tendered 

### in support 

### of the motion 

### to reconsider temporary 

### relief is a true and conect 

### copy 

### of a document prepared, issued, 

### filed, and/or served 

### in connection 

### with the underlying

cause. 

### I also have personal knowledge 

### of a mistake 

### in the hearing transcript provided as part 

### of the mandamus 

### Record. 

### R. 122. The statement 

### of counsel beginning 

### on page 12, 

### line 

### 25 and continuing to page 13, 

### line 3 is attributed to 

### me. I did not make that statement. 

### Mr. Keith Mayo $
$made that statement. The transcript should reflect 

### Mr. Mayo as the speaker who presumed 

### Mr.

Reeder would "ask 

### him" to have the disqualification reviewed. 

### I received 

### Keith Mayo's 

### May 

### l,2015letter. JBW-001. My May 

### 4,2015letter to him

was written in response. JBW-003. The letter 

### to Keith Mayo dated 

### July 15,2015 was prepared and sent 

### by 

### me. JBW-007. That letter was provided to Relator's current counsel as an attachment to an email dated July 

### 23, 

### 2015. JBW-005. By emails dated February 

### 4, 2015 and February 

### 5, 2015, 

### all the billing
statements 

### for 2011,2072, and 2013 that were requested 

### by Relator 

### in reconciling 

### his account
balance were 

### provided. JBW-008, 

### JB\ry-0I1. Another email exchange showed that the account between 

### Relator and Respondent 

### had been 

## fully reconciled 

## by both parties 

### prior 

## to the
commencement 

### of the collection action below. JB\ry-013, JB\ry-014. 

### In the case 

### below, no written discovery has been served 

### on J. Bennett 

### White, P.C. by Relator and there have not been any attempts to schedule any depositions.



### SUBSCRIBED 

### AND SWORN 

### TO BEFO 

### ceftify which witness my hand and 

### official

SUSAN KAYGARDNER Notary Public STATE OFIEXAS Comm. otary Public in and State of Texas

### 05/0L/20L5 FRI 

### 12:58 FAx 9037473436 Mayo 

### Mendolia & VÍce Øooz/ ooz



# MAYO MENDOLTA 

# & VICE' L.L.P.

ATTORNEYS AND COUNSELORS AT LAW

PLAZA IOWER ll0 N. col-l,F.QF. sul'rË l0l .I'YLÊR, lEXAS 75702 OFFICE: (903)147'3422 FACSIMILE: QA3l 7 47'3436 rvns,.ntt¡rvlô r!:li$t¡.c0t¡ì

FROM THË DESK OIl:

J. KEIîH MAYO jkrnt?ìn¡ruvll¡t.conl May 1,2015


### Yja F.a x90-3-s9 7-433.9. J. Bennett White, P.C. Attorneys 

### & Counselors 1011 Puritt Place Tyler, Texas 75743 

# Re: J, Bennett llthite, P.C. ys. Wenclell Reeeler, 

### ltrASMA, 

### Inc. (General Counsel)' 

### Clarksvílle Oìl 

## & Gas, Co, (General Coansel).
Dear Bennett:
I have been contacted by Wendell Reeder 

### ïegading the representation of his companies and him 

### i¡dividually. It is rny understanding that you have fîled a collectio¡rs lawsuit against Mr. Reeder for outstanding attorney 

### invoices. I have been authorized to accept sewice on behalf of Mr. Reecler in that particular mâtter. 

### If Mr. Reede¡ has not afueady been served, please feel free to recall any service efforts and perfect service by sending the Petition to 

### nre. Thank you for your attentiou to this nratter.
Sincercly,

J. 

### Keith Mayo 

### JKMlcnf

ROYSB ct'rY, TEXAS (469) 402.0450 WILLOW PARK,'TEXAS (8¡?) 546.4r00

### 05/0L/2015 FRr 12¡ 

### 58 FAx 9037473436 Mayo 

### Mendolia & 

### vice



# TO: J. Bennett 

### White FROM: Codi Foster, 

### Paralegal 

# RE¡ \Thite v. Reeder

ROYCE CITy, TEXA,S (469) 402-0450 øooL / ooz 

# MAYO 

# MENDOLIA 

# & VICE, L.L.P.

ATTORNÞYS AND COUNSELORS AT LAW PLAZÂTOWÊR I IO N, COLLEGË AVE, Su¡rn l0l 'rYLER, l'r¡xlts 75702 'l'ELEPnoNE: 903 -7 47 -3422 F^cslt'tlLE: 903-? 47 -3436

F'.ACSIMIITp, 

### COVER PAGE P_RLVI 

### l/pc Ep ANp c_p, 

### N{'I ÐEN"T,IAL 

### DATE: May 1' 2015 

### PLEASE 

### DELIVER THE F'OLLO\ryING 

### MATERIAL AS SOON AS 

### POSSIBLE¡ 

## FACSIMILENO.: 903-597-4330



## ') TOTAL PAGES: 

# ^ Including Cover Page 

### IF YOU DO 

### NOT RECEIVE 

### ALL PAGES, 

### OR 

### IF 

### ANY ARE NOT 

### LEGIBLE,

PLEASE 

### CALL US 

### IMMDDIATELV. MESSAGE:

THD INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILECED AND CONFIDDNTIAL INFORMATION INTENDEÐ ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE TS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RBSPONSIBLE TO DDLIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED 

### THAT ANY DISSEMTNATION, DISTRIBUTION 

### OR COPYING 

### OF THIS COMMUNICATION IS STRICTLY PROHIBITED. TF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICB. THANK YOU.

WILLO\Y PARK,TEXAS (8 r 7) 22ó.r 953J. BENNETT WHITE jbw@jbwlawfirm.com LAURA S. SEVERT lsevert@jbwlawfirm.com ATTORNEYS & COUNSELORS 1011 PRUITT PLACE TYLER, TEXAS 75703 (903) 597-4300 FAX (903) 597-4330 POST OFFICE BOX 6250 TYLER, TEXAS 75711-6250

________ TWYLA FIELDS, CP CERTIFIED PARALEGAL

tfields@jbwlawfirm.com



### May 4, 2015 via fax 903-747-3436 

### Mr. J. Keith Mayo Mayo, Mendolia & Vice, L.L.P. 110 N. College, Suite 101 Tyler, TX 75702

RE: Cause No. 2015-184 J. Bennett White, P.C. v. Wendell Reeder Dear Keith, I am in receipt of your letter dated May 1, 2015 concerning your willingness to represent Wendell Reeder. Please be informed that if you file an answer or enter any appearance on Mr. Reeder’s behalf, I will move to have your firm disqualified as his attorneys. My insistence on your disqualification will be due to your recent employment of Jennifer Smith. As you know, Jennifer is a former employee of this firm. With this being a lawsuit for collection of the fees owed, she ha s confidences of both this firm and of our “client.” I submit that her employment subjects her to competing loyalties in honoring the client confidences gained while working here against her current oblig ation of loyalty to your firm and clients. I submit that for Jennifer to honor our confiden ces would impair your representation of your client. More importantly, as an employee of the pl aintiff, Jennifer has first-hand knowledge of the correctness of our claim against Mr. Reeder. In fact, a meaningful portion of the fees owed are for services provided by her. Based on her personal knowledgeof the validity of our claim and the potential that she could be called as a witn ess, our client’s intere st would be prejudiced by her knowledge that to provide truthful testimony would be detrimental to your firm and your client. Accepting representation that would compromise the tes timony of a fact witness creates an impermissible conflict of interest. Therefore, if you attempt to represent Mr. Reeder, you are hereby advised that your repres entation of him will be opposed.Page 2



### Sincerely,

J. BENNETT WHITE JBW8t19t2015



## From: JBW 

# To: Jack Walker <jwalker@martinwalkerlaw.com> 

# Sent: 712312015 6:13PM 

### Subject: RE: White v. Reeder - MSJ hearing Jack, Here's the letter I sent to Keith over a week ago asking that he inform whomever was taking his place that I would not agree to any continuance of ihe hearing. Also, I am already scheduled for a hearing in Austin on July 29th and Laura is scheduled for oral argument before the Texarkana court of appeals. I will email Joy to let her know of my objection to that hearing 

### date. lf your need for a continuance is simply to take my deposition, I am available Sunday afternoon (July 26th), Monday afternoon (July 27th) - subject to jury duty Monday morníng, Thursday (July 30th), Friday (July 31st), Saturday (August 1st), or Sunday (August 2nd). I'll also agree to extending your response date to August 5th -- if that will help.

J. Bennett White J. Bennett White, P.C. 903.597.4300 903.597.4330 Fax www.jbwlawfirm.com



### -- Original Message-- To: "J bw@jbwlawfìrm. com"' <j bw@j bwlawfi rm. com> Cc: Shelley Poole <spoole@martinwalkerlaw.com> From : Jack Wal ker <jwal ker@ ma rti nwalkerlaw. com> Sent: 7 12312015 11:374M Subject: White v. Reeder - MSJ hearing

>> Bennett,

>> I am filing an appearance in this case today. Would you be agreeable to a >> continuance of the MSJ hearing?

>> Jack

>> John F. (Jack) Walker, lll >> Board Certified-Personal lnjury Trial Law >> Texas Board of Legal Specialization

>> [ogo]

>> 121 N. Spring Avenue >> The Arcadia Theater >> Tyleç Texas 75702 >> Direct (903) 526-1600 >> 

### Fax (903) 595-0796 Page 18119t2015

>> jwalker@martinwalkerlaw.com

>> Confidential Notice: This emaíÍänd,any:atiaiiimènts are confidential.and may be >> protected by legäl privilege. 

### lfVöq,äie;oi ttie iñtþnded recipient,'be aware thãt any >> disclosure, copying, dist¡:ibution, 

### oi usèi pffhis e-mail, or any attachment, is prohibited. >> ln such case, you should destroy this niessâge and kindly notiñy the sender by e-mail. >> Please advise irnmediately if you,'oi'your employèr, do not consent to internet e-mail >> for messages of this kind.

Page 2

### J. 

## BnNNnrr 

## ïVurrn, P.C. ATTORNEYS & COUNSELORS 1011 PRUITT PLACE TYLER. TEXAS 75703 (903) 597-4300 FAX (903) s97-4330 J. BENNETT WHITE jbw@jbwleøirm.com VIRGIL J. JORDAN t jjordang¡owtawlirm. øm LAURA S. SEVERT lseverl@¡bwlawlim.com t Adm¡ttsd to PÊclice ¡n Texas & lowa POST OFFICE BOX 6250 TYLER, TÉXAS 7571 1.6250

T\A/YLA FIELDS. CP CERTIFIED PARALEGAL meld@lbMawlirm.@m

July 15,2015
via fox 903-747-3436 Mr. J. Keith Mayo Mayo, Mendolia 

### & Vice, L.L.P. 110 N. College, Suite 

## l0l Tyler, TX757A2 

## RE: Cause No.20I5-184 J. Bennett Wltìte. P.C. v. llendell Reeder Dear Keith, 

### In reviewing 

### my calendar, 

# I noticed 

### that 

### the hearing 

### on my Motion 

### for Summary Judgrnent is scheduled for August 

### lOth. I wanted to get this letter to you 

### well in advance of that deadline so as not to catch you or Mr. Reeder by surprise. Considering the Court ruled on June 23'd that (absent resolution) you and your 

### firm have 

### until July 23'd fo withdraw from this matter as attorneys, and considering the fact the summary judgrnent hearing has also been scheduled since June 23rd, 

### I feel that Mr. Reeder has been given ample time to retain new counsel and to respond to the summary judgment motion 

### in a timely manner. Therefore, please be sure 

### Mr. Reeder's new attorney is aware that 

### I am not going to agree to any requests 

### for extension 

### of the summary judgment response date or continuances 

### of the hearing. This letter is being sent so that you, 

### Mr. Reeder, and 

### Mr. Reeder's new counsel are all aware 

### of my unwillingness 

### to grant any extensions 

### while there 

### is 

### still an adequate 

### time and ample oppor-tunity 

### for a response 

### to our summary judgment motion 

### to be made 

### in a timely manner. Thank you for your attention in this regard. Please call 

### if you have any questions.

. BENNETT WHITE JBW:sg8119t2015



### From: Hightail<delivery@yousendit.com> 

### To: tfields@bwlawfirm.com 

### Sent: 210412015 3:09PM 

### Subject: File Delivered: 2012 lnvoices

To: barbara.cogc@yahoo.com Subject 2012 lnvoices Message: Barbara, Please follow this link to download lhe 2012 invoice Wendell was needing. Please call me if you have any problems with the download. Thanks, Susan Gardner LegalAssistant 903-597-4300

File: 01-20-12.pdt Size: 29.61 KB

File:02-20-12.pdf Size: 28.99 KB

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### Size:24.42K8

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### Size:26.22K8

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File: 11-20-12.pdf Size: 24.3 KB

. -:'



## ',. File:12-20-12.pidf :/
, '
-.., Size:23.62 KB

Expires: Content will be available for download until February 18,201513:09 PST

Here's the link to this fite: https://www.hightail.com/downioad/UlRRZHlpSWUSRmJMbjhUQw Terms of Service: http://www.hightail.com/terms-of-service Privacy Policy : Page 28119t2015

http://www.hightail.com/aboutus/legal/privacy DMCA Policy: http://www.hightail.com/dmca

Page 38119t2015



### From: Hightailcdelivery@yousendit.com> 

### To: tfields@bwlawfirm.com 

### Sent 210512015 10:214M 

### SubjecÍ File Delivered: Reeder lnvoices - 20'|.1 and 2Q13

To: barbara. cogc@yahoo. com Subject: Reeder lnvoices 

### -2l11and 2013 Message: Barbara, Please follow this link to download the additional invoices Wendell called about this morning. Please call me if you have any problems with downloading. Susan Gardner LegalAssistant 903-597-4300

File: december - 2011.pdf Size: 25.28 KB

File: november - 2011.pdf Size: 29.94 KB

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Page 28/19/2015

JBW From: barbara.cogc@yahoo.com To: 3/26/2015 4:14AM Sent: Updated Balance Calculations Sub j ect: Barbara, I have attached a corrected version of the spreadsheet I faxed on Tuesday. I corrected the duplication you noticed and added some other corrections. On the Adversary Proceeding, I somehow missed all the activity between July 2011 and August, 2012. Attached are lists of the invoices and payments that were initially not included. I also went ahead and added the recent payments. On the Total page, I broke down the payments by source according to our records. We are in complete agreement as to the payments made by Smith & Coffman ($21,911.79). I don't know where you included the payments made by W. R. Diversified and I don't kn ow if you included the payments made by Gaither or the expense advance payments that we have been holding in our trust account. In any event, we account for total payments of $735,627.13 which pays all account balances except for a handful of Wendell's personal accounts. This reconciles to a final balance of $211,146.85, which is within $25 of the balance on our current aging ($211,122.54), after crediting the recent payments ($46,274.20). Although our breakdown is a little different, it seems to me that we are pretty much in line with each other on the total payment amounts. Please let me know if you have any questions or have identified any other discrepancies.

J. Bennett White J. Bennett White, P.C. 903.597.4300 903.597.4330 Fax www.jbwlawfirm.com

1 PageFrom: J. Bennett White <jbw@jbwlawfirm.com>; To: <barbara.cogc@yahoo.com>; Subject: Updated Balance Calculations Sent: Thu, Mar 26, 2015 9:35:19 AM 

### Got your email. Yes, we are in agreement on Smith & Coffman. We are still going through COGC and p ayments made by Wendell and WR Diversified. Will mesh those with this revised info you sent and get back with you. Barbara

Barbara, I have attached a corrected version of the spreadsheet I faxed on Tuesday. I corrected the duplication you noticed and added some other corrections. On the Adversary Proceeding, I somehow missed all the activity between July 2011 and August, 2012. Attached are lists of the invoices and payments that were initially not included. I also went ahead and added the recent payments. On the Total page, I broke down the payments by source according to our records. We are in complete agreement as to the payments made by S mith & Coffman ($21,911.79). I don't know where you included the payments made by W. R. Diversified and I don't know if you included the payments made by Gaither or the expense advance payments that we have been holding in our trust account. In any event, we account for total payments of $735,627.13 which pays all account balances except for a handful of Wendell's personal accounts. This reconciles to a final balance of $211,146.85, which is within $25 of the balance on our current aging ($211,122.54), after crediting the recent payments ($46,274.20). Although our breakdown is a little differe nt, it seems to me that we are pretty much in line with each other on the total payment amounts. Please let me know if you have any questions or have identified any other discrepancies.

J. Bennett White J. Bennett White, P.C. 903.597.4300 903.597.4330 Fax www.jbwlawfirm.com Pa g e 1 of 1

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