Opinion
01-23-00023-CV
02-01-2024
Arrow Field Services, LLC v. Linde Engineering North America Inc.
133rd District Court of Harris County Trial court case No: 2019-89936
ORDER
Amparo Monique Guerra, Judge
Appellant, Arrow Field Services, LLC, filed an "Unopposed Motion to Substitute Counsel for Appellant." Appellant is currently represented by Russell Post and Joshua Smith of Beck Redden LLP and Jeremiah J. Anderson of McGuire Woods LLP. Appellant's motion states that current counsel is "withdrawing" as appellant's counsel, and "moves to substitute William J. Boyce and Marisa C. Hurd of Alexander Dubose & Jefferson LLP as counsel for appellant. See Tex. R. App. P. 6.5(d).
Appellant's motion includes a certificate of conference stating that appellee, Linde Engineering North America Inc., is unopposed to the relief requested in the motion. See Tex. R. App. P. 10.1(a)(5), 10.3. However, appellant's motion to substitute does not fully comply with Texas Rule of Appellate 6.5(d). Specifically, appellant's motion to substitute fails to confirm that the withdrawing counsel has complied with the delivery requirements of Texas Rule of Appellate Procedure 6.5(b). See Tex. R. App. P. 6.5(b) ("The motion [to withdraw] must be delivered to the party in person or mailed-both by certified and first-class mail-to the party at the party's last known address."), (d) (where attorney substitutes for withdrawing lead counsel, "withdrawing lead counsel must comply with [Texas Rule of Appellate Procedure 6.5(b)]").
Because appellant's motion to substitute fails to fully comply with Texas Rule of Appellate Procedure 6.5(d), the motion is denied without prejudice to filing a motion that complies with the rules.
It is so ORDERED.