HOUSTON – Nearly two years after an appellate court found Brent Coon must arbitrate a dispute with another lawyer over referral fees stemming from asbestos litigation, the Beaumont attorney has finally entered a notice of nonsuit.
In 2002, Brent Coon & Associates (BCA) and Dennis Weitzel entered into a referral agreement outlining the percentage of fees Weitzel and another attorney, Michael Gallagher, would receive upon a case’s favorable resolution if they referred asbestos, mesothelioma, and lung cancer clients to BCA.
Court records show Weitzel joined BCA as an attorney sometime after the agreement. On Feb. 19, 2010 Weitzel ended his employment and entered into a separation agreement, which contained an arbitration clause.
In August 2018, Gallagher and his firm sued Coon and BCA alleging breach of the asbestos case referral agreement. In turn, Coon and BCA filed a third party claim against Weitzel, asserting causes of action against Weitzel for BCA’s alleged overpayment of referral fees to him.
BCA argued that Weitzel did not forward portions of payments to Gallagher that he received from BCA.
In response, Weitzel filed an answer and moved to compel arbitration pursuant to the 2010 agreement executed between them, court records show.
The trial court denied Weitzel’s motion, prompting an appeal, court records show.
On July 30, 2019, the First Court of Appeals concluded the trial court erred and reversed the ruling.
On May 12, Weitzel filed a no evidence motion for summary judgment, citing the appellate decision.
The motion states Coon continued to assert individual claims against Weitzel not covered by the scope of the opinion.
Weitzel asserted that “Coon has no evidence that there was any contractual relationship between himself and Coon.”
On June 23, Coon filed a notice of nonsuit without prejudice as to cross defendant Weitzel, court records show.
Weitzel is represented by Dallas attorney Randy Johnston of Johnston Tobey Baruch.
Harris County District Court Case No. 2018-52828