Notice of nonsuit filed in action seeking to dismiss predatory attorneys

By David Yates | Jan 25, 2016

Last May, a Jefferson County woman and a Harris County man filed a lawsuit in Jefferson County against a Rusk County attorney and a Jasper County attorney, alleging unsubstantiated interest in their mother’s wrongful death claim in 2014.

As previously reported, the plaintiffs seek to discard their current attorneys and hire the Provost Umphrey Law Firm to represent them in their wrongful death claim.

The defendants in the suit, Schneider National Carriers and Shayne Felty, sought to remove the case to federal court in June, court records show.

On Dec. 1 a notice of nonsuit was filed in the case, stating the plaintiffs no longer wish to pursue the cause of actions.

Originally, Mary Catherine Furlough of Beaumont, filing individually and as administrator of the estate of Carolyn Hammond, and Richard W. Spaulding of Katy brought suit against James Holmes individually and d/b/a The Law Office of James Holmes PC in Henderson; and John Burt, individually and d/b/a The Law Office of John Burt PLLC of Buna; in Jefferson County District Court on May 21 seeking to resolve a contractual dispute from December 2014.

The petitioners are the surviving children of Carolyn Hammond, whom the suit states was killed Dec. 14, 2014, in an auto accident involving her vehicle and an 18-wheeler.

According to the original filing, the petitioners were contacted by Burt, their mother’s probate attorney, the morning after her death on the pretext of urgent business.

The suit states that when the siblings arrived at Burt’s offices, they were instead pressured to sign a contract with Holmes to represent them in a wrongful death lawsuit. According to court documents, Furlough and Spaulding wish to discharge Holmes and hire Provost*Umphrey to represent them instead.

Former Provost Umphrey attorney Paul Ferguson Jr. filed the claim.

Jefferson County District Court Case A-197145

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