Opinion
01-24-00009-CV
06-13-2024
Charles Bolton v. 3121 Brewster, LLC
Trial court: 11th District Court of Harris County, Trial court case number: 2023-30541.
ORDER
April Farris, Judge.
On May 23, 2024, Kyle Hawes and Michael Feibus of Chamberlain Hrdlicka White Williams &Aughtry, PC have filed a motion to withdraw as appellate counsel for appellee, 3121 Brewster, LLC. See TEX. R. APP. P. 6.5(a), (b). The motion states that Hawes and Feibus were retained to represent appellee in the trial court, but "have not been retained to represent [a]ppellee in this appeal or . . . filed any notice of representation." Further, the motion states that "[a]ppellee has failed to honor its contractual obligations under the engagement agreement with" Hawes and Feibus and because they "cannot adequately and effectively communicate with [a]ppellee about this appellate case or any other matter."
The motion complies with the requirements of Texas Rule of Appellate Procedure 6.5. See TEX. R. APP. P. 6.5(a), (b). Further, the motion includes a certificate of conference representing that appellant, Charles Bolton, is not opposed to Hawes and Feibus's request to withdraw as appellate counsel for appellee. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2). The certificate of conference further states that Hawes and Feibus attempted to contact appellee, but no response has been received. However, the motion confirms that it was delivered to appellee in accordance with the requirements of Texas Rule of Appellate Procedure 6.5(b), and that appellee was notified of its right to object to the request to withdraw. Despite that, more than ten days have passed and appellee has not responded to the motion to withdraw.
Further, on May 30, 2024, Hawes and Feibus filed a supplement to the motion to withdraw advising the Court that on May 20, 2024, the trial court granted their motion to withdraw as counsel for appellees in the trial court.
The motion is granted. The Clerk of this Court is directed to note the withdrawal of Kyle Hawes and Michael Feibus of Chamberlain Hrdlicka White Williams &Aughtry, PC as counsel for appellee on the docket of this Court.
Kyle Hawes and Michael Feibus are directed to immediately notify appellee of "any deadlines or settings that [they] knows about at the time of withdrawal but that were not previously disclosed" to appellee and file a copy of the notice provided to appellee with the Clerk of this Court. See TEX. R. APP. P. 6.5(c)
It is so ORDERED.