Appellant Jean C. Hopkins and appellee State of Texas have moved to disqualify Mark A. Hopkins as counsel for James A. Hopkins in this cause. (In order to avoid confusion, the Hopkins parties will be referred to by their first names. ⁽¹⁾) For the reasons stated below, we will abate this appeal and any action on the motion to disqualify pending the resolution of our cause number 03-03-629-CV, James A. Hopkins v. Jean C. Hopkins.

Hopkins v. Hopkins is the divorce litigation between James and Jean. A cluster of issues in that appeal concerns whether the trial court erred in failing to enforce a mediated settlement

agreement between James and Jean. A specific issue raised is whether the trial court should have ordered Jean to execute and deliver to James the legal instruments necessary to divest Jean of all interests in three lawsuits relating to "the IH 35 property" as set out in the settlement agreement. One of the three lawsuits referred to is trial court cause number GV100300, the instant cause on appeal.

Much of Jean's motion to disqualify is based on her claim that Mark's involvement in the divorce has created a conflict such that he cannot now represent James in a matter adverse to her interests. Given that whether Jean has an interest in this litigation is an issue in the divorce appeal and given that the nature of Mark's involvement in the divorce action and its interaction with the current case is not clear, it appears more efficient first to resolve the appeal in the divorce case, thus settling the issue of Jean's interest in this litigation, before trying to determine whether Mark is disqualified in the instant condemnation appeal.

The motion to disqualify also seeks to substitute counsel for Jean, which she may do. The court's docket will now show John F. Campbell as counsel for Jean. See Tex. R. App. P. 6.5(d). Jean's motion also seeks realignment as a party with appellee State of Texas. We will abate that request until we decide the divorce case and determine whether Jean has any interest in the condemnation appeal.

Accordingly, we abate this appeal and any action on the disqualification of Mark Hopkins or realignment of the parties pending the resolution of cause 03-03-629-CV, James A. Hopkins v. Jean C. Hopkins.

W. Kenneth Law, Chief Justice

Before Chief Justice Law, Justices Kidd and B. A. Smith

Filed: June 11, 2004

1. Mark A. Hopkins is the son of Jean C. Hopkins and James A. Hopkins.