Opinion
No. 05-16-00667-CV
04-18-2017
JOSEPH ABUZAID, Appellant v. ANANI, LLC, BIG D CONCRETE, INC., MUAMAR ANANI AND HANADI ANANI, Appellees
On Appeal from the 160th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-15-06938
ORDER
Before the Court are Goldfarb PLLC's ("Goldfarb") April 7, 2017 motion to withdraw as counsel for appellant and appellant's response opposing the motion. Goldfarb alleges appellant has failed to pay fees and expenses, repudiated his obligation to pay fees, failed to communicate as required by the engagement agreement, and created a conflict with counsel. Goldfarb further alleges that continuing the representation "would be unduly onerous and impose burdens on Goldfarb, and the conflicts created by Appellant impair Goldfarb's ability to continue as counsel."
In his response and an attached affidavit, appellant denies Goldfarb's allegations, he alleges that he has fully paid for representation in this case, and he contends that the remaining fees and expenses called for in the parties' agreement are attributable to a separate litigation and are to be paid from a jury award in that case. Appellant denies there is a lack of communication or a conflict with Goldfarb. Because this case is briefed and Goldfarb has requested oral argument, appellant contends it would be unduly onerous and impose burdens on him to permit Goldfarb's withdrawal prior to a potential oral argument.
We ORDER the trial court to make written findings of facts regarding the factual disputes between the parties and to make recommendations regarding whether Goldfarb should be allowed to withdraw as appellant counsel of record.
We ORDER the trial court to file, within thirty days of the date of this order, a supplemental clerk's record containing a record of the proceedings, which shall include the trial court's written findings and recommendations.
We ABATE this appeal to allow the trial court to comply with the above order. The appeal shall be reinstated forty-five days from the date of this order or when the findings are received, whichever is earlier.
/s/ CRAIG STODDART
JUSTICE