L.D. Brinkman Investment Corporation, L.D. Brinkman Jr., Pamela Brinkman Stone and Charles Thomas v. Kathleen Sparrow Brinkman, Individually and as of the Estate of Lloyd D. Brinkman ( 2016 )

Fourth Court of Appeals San Antonio, Texas November 9, 2016 No. 04-16-00651-CV L.D. BRINKMAN INVESTMENT CORPORATION, L.D. Brinkman Jr., Pamela Brinkman Stone and Charles Thomas, Appellants v. Kathleen Sparrow BRINKMAN, Individually and as Executor of the Estate of Lloyd D. Brinkman, Deceased, Appellee From the 198th Judicial District Court, Kerr County, Texas Trial Court No. 16331B Honorable Rex Emerson, Judge Presiding ORDER On November 4, 2016, appellant L.D. Brinkman Investment Corporation filed a “Notice of Substitution of Lead Counsel,” asking this court to substitute John W. Carlson of the Carlson Law Firm as counsel for L.D. Brinkman Investment Corporation. Kathleen S. Brinkman, on behalf of L.D. Brinkman Investment Corporation, contends that current counsel, Thomas & Blackwood, LLP and A. William Arnold III & Associates, P.C., has been discharged as lead counsel. The change in counsel was approved by appellee, Kathleen S. Brinkman, who pursuant to the trial court’s temporary injunction, is apparently currently serving as President of the corporation. Prior to the issuance of the injunction, Ms. Brinkman was not in charge of the corporation; rather, appellants L.D. Brinkman Jr. and Pamela Brinkman Stone were in charge. In response, counsel for the remaining appellants – who is also counsel for the corporation at this time – filed a letter in this court advising that Mr. Carlson filed a motion in the trial court to substitute as counsel for the corporation. Appellants have opposed that motion and to date, the trial court has not rendered an order with regard to the motion to substitute counsel. Accordingly, they have asked that we defer acting on the notice to substitute lead counsel until such time as the trial court rules on the opposed motion to substitute. After review, we ORDER the notice of substitution of lead counsel ABATED, pending action on the motion to substitute counsel in the trial court. Accordingly, this court will not substitute Mr. Carlson as lead counsel nor remove current counsel at this time. We ORDER the trial court to rule on the pending motion to substitute lead counsel and prepare an order memorializing its ruling on or before November 21, 2016. We further ORDER the trial court clerk to prepare a supplemental clerk’s record with the order on the motion to substitute counsel included therein and file it in this court within five days of the date the ordered is rendered. We order the clerk of this court to serve a copy of this order on the trial court and all counsel, including Mr. John W. Carlson. _________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of November, 2016. ___________________________________ Keith E. Hottle Clerk of Court