Motion to quash submitted in divorce funds dispute

John Suayan, Galveston Bureau Apr. 17, 2012, 7:58am

GALVESTON - A Friendswood attorney who is the target of a 2011 Galveston County lawsuit over disputed divorce funds has filed a motion to quash his deposition.

Defendant Kevin M. Prendergast filed the two-page motion March 9 before the Galveston County 10th District Court, citing problems in the issuing of the notice of deposition.

Frederick W. Fournier is suing Prendergast in an effort to have him release funds he accumulated during previous divorce proceedings.

Court papers submitted Nov. 16, 2011, allege the attorney, who Fournier hired to represent him in his divorce from his wife in the Harris County 309th District Court, is in possession of $70,250 that came from the sale of one of the plaintiff's homes.

The money in question was sent to Fournier's spouse, who then delivered the entire amount to her attorney for safekeeping awaiting the disposition of the case, according to the suit.

The suit states that the litigants obtained a court order calling for one-half of the funds that lawyer Anson Phipps was holding to be allocated to Prendergast.

The divorce suit was dismissed for want of prosecution and has been reinstated, though Fournier and his wife are trying to reconcile, however, the defendant failed and refused to pay Fournier the money in dispute, the suit says.

Fournier adds "the respondent has now blocked the plaintiff's calls and has refused to talk with the plaintiff, and has been and continues to be evasive."

Meanwhile, Prendergast entered a counter claim on Nov. 21, 2011, stating Fournier committed breach of contract by filing to pay approximately $71,000 in attorney's fees and expenses.

The defendant's motion explains that the first notice was never served while the second one was not issued, stating he traveled to the addresses as requested three months ago only to discover the place to be something else other than a law office.

It also says Prendergast cannot agree to the location of the deposition.

Case No. 11-cv-1802

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