Chief Justice Clerk James t. Worth en Cathy S.Lusk Twelfth Court of Appeals Justices Chief Staff Attorney Sam Griffith Margaret Hussey Diane DeVasto

Thursday, December 16, 2004

Ms. Susan D. Bonnen Mr. E. Robert Human Assistant Attorney General Flowers Davis, PLCC Transportation Division 1021 ESE Loop 323 P.O. Box 12548 Suite 200 Austin, TX 78711-2548 Tyler, TX 75701 RE: Case Number: 12-04-00010-CV Trial Court Case Number: 44,456-A Style: The State of Texas v. Donald Howard Davis

You are hereby notified that in the above-described case, the enclosed decision and order was this day made and entered by this Court.

Very truly yours, CATHY S. LUSK, CLERK

By: KdjUlUL, Mfi: Katrina McClenny, Chief Deputy Clerk

1517 West Front Street • Suite 354 • Tyler, TX 75702 • Tel: 903-593-8471 • Fax: 903-593-2193 Serving Anderson, Cherokee, Gregg, Henderson, Hopkins, Houston, Kaufman, Nacogdoches, Panola, Rains, Rusk, Sabine, San Augustine, Shelby, Smith Upshur, VanZandtand WoodCounties www. 12thcoa.courts.state.tx.us CAUSE NO. 12-04-00010-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

THE STATE OF TEXAS, APPEALED FROM COUNTY COURT AT APPELLANT

} LAW NO 2 IN AND FOR DONALD HOWARD DAVIS, } SMITH COUNTY, TEXAS APPELLEE

ORDER Came on for review the status of the instant appeal, and the same having been considered, it appears that Appellee's counsel is Mr. Edward Robert Human's and that Mr. Human's license to practice law has been suspended by order of the Supreme Court of Texas.

On October 18, 2004, this Court sent Mr. Human correspondence informing him that his name appeared on the List of Inactive Attorneys and requested that he provide proof that his license has been reinstated, or alternatively, advise this Court of who will be handling this appeal in his stead. Mr. Human did not respond to this Court's notice. On November 29, 2004, a clerk of this Court telephoned Mr. Human's office requesting written proof that his license has been reinstated. No satisfactory response has been received. Accordingly, it is hereby ORDERED that this appeal be, and hereby is, ABATED until Mr. Edward Robert Human provides this Court with written proof that his license to practice law in Texas has been reinstated and that he is presentlyin good standing with the State Bar of Texas. Failureto complywith this Court's order on or before Monday, January 03, 2005 will result in this appeal being presented to the Court for entry of an order of permanent abatement, removing this case from the docket of the Court.

WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12th Court of Appeals District of Texas, at Tyler.

GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this 16th day of December 2004, A.D.

CATHY S. LUSK, CLERK 12th Court ofAppeals By; KdjUJWu Ml Katrina McClenny, Chief Deputy Clerk Clerk Chief Justice Cathy Lusk James T. Worthen

Justices Chief Staff Attorney Sam Griffith Diane DeVasto Twelfth Court of Appeals Margaret Hussey

October 18,2004

Mr. Robert E. Human Flowers Davis, PLCC 1021 ESE Loop 323 Suite 200 Tyler, TX 75701 Dear Mr. Human: The Supreme Court has furnished us a list ofTexas attorneys whose licenses to practice law have been suspended orremoved by order ofthe Supreme Court for disciplinary sanctions set forth by the General Counsel's office ofthe State Bar ofTexas. Your name appears on that list.

Our records show that you currently represent parties on appeal before this Court. Within days herefrom, please provide proof that your license has been reinstated, or alternatively, advise this Court of who will be handling thesepending appeals in your stead. If we do not hear from you within the time provided, these cases may be remanded to the trial court for a determination of whether new counsel should be appointed or retained.

If I can be of assistance to you, please let me know.

/i-3.4'~ OH Very truly yours' •""'• /' k_j V iAi ..V CATHY S. LUSK, CLERK

Katrina McClenny, Chief Deputy

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1517West Front Street • Suite 354 • Tyler, TX 75702 • Tel: 903-593-8471 • Fax:903-593-2193 Serving Andman, Cherokee, Gregg, Henderson, Haptens, Houston, Kaufman, Nacogdoches, Panoh Rains, Rusk, Sabine, San Augustine, Shelby, Smith, Upshur, Van Zandl and Wood Counties. www. 12thcoa.courts.state.tx.us