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Date: 11-01-2001

Case Style: Hershel P. Cashin v. Barbara Parker Jackson

Case Number: 13-00-049-CV

Judge: Amidei

Court: Texas Court of Appeals, Thirteenth District of Texas

Plaintiff's Attorney: Unknown

Defendant's Attorney: Unknown

Description: Appellee sued appellant for the balance of a referral fee. Appellee asked appellant to assist her in prosecuting a medical malpractice lawsuit on behalf of one of her long time clients. They agreed to split the attorney's fees 50% each. The lawsuit settled for $250,000, appellant received a $100,000 fee plus reimbursement for costs. Appellant offered to settle with appellee, 1/3 ($33,333.33) for appellee, and 2/3 ($66,666.34) for appellant. Appellant paid appellee $15,000, including $13,647 on her part of the fees and $1,353. to reimburse her for some of the shared cost in the case. Appellee sued herein for the balance of her attorney fees in the amount of $19,686 ($33,333 minus $13,647.), plus interest and her attorney's fee for handling this case. The case was called for trial on August 23, 1999, but prior to any testimony and pursuant to the agreement of the parties, the court reset the case on November 26, 1999, for pre-trial conference, and on November 29, 1999, for trial. Appellee did not file a motion for continuance, and the trial court did not grant a motion for continuance.

Appellant failed to appear at either the pre-trial conference or the trial, and did not file a motion for continuance. Appellant alleges in his brief that he was engaged in trial in another case and could not attend the trial in this case. The appellant filed a motion for new trial without any supporting affidavits. There was no evidentiary hearing on the motion for new trial. Therefore, appellant's argument that he was engaged in another trial is outside the record in this appeal and we will not consider it.

* * *

Click the case caption above for the full text of the Court's opinion.

Outcome: The judgment of the trial court is affirmed.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Reported by Kent Morlan

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