Opinion
14-24-00318-CV
06-27-2024
CORINA BUTLER, Appellant v. COURTNEY J. LYTLE, Appellee
On Appeal from the County Court at Law Austin County, Texas Trial Court Cause No. 20PR-10607
Panel Consists of Chief Justice Christopher and Justices Spain and Poissant.
ORDER
PER CURIAM
Appellant's counsel filed a "Motion for Withdrawal of Appeal" which appears, in substance, to be a motion for withdrawal of lead counsel. See Tex. R. App. P. 6.5. Counsel's motion is deficient in that it incorrectly states there are no pending deadlines or settings. See Tex. R. App. P. 6.5(a)(1). The clerk's record and reporter's record are due June 25, 2024. Appellant's brief is due thirty days after those records are filed. Counsel's motion is further deficient in that it does not state it was delivered to appellant in person or mailed-both by certified and by first-class mail. See Tex. R. App. P. 6.5(b). The motion, however, does appear to have been delivered to appellant electronically through a recognized commercial service and contains appellant's electronic signature.
Pursuant to Rule 2 of the Texas Rules of Appellate Procedure, we will suspend Rule 6.5(b) for good cause because it appears counsel electronically delivered the motion to withdraw to appellant and appellant acknowledged receipt of and consented to the motion. See Tex. R. App. P. 2. Accordingly, counsel's motion to withdraw is granted. Appellant may file a pro se motion to abate the appeal if appellant requires additional time to procure new counsel.