Opinion
01-24-00266-CV
08-15-2024
Trial court: 461st District Court of Brazoria County, Trial court case number: 115027-F
ORDER
Amparo Monique Guerra, Judge.
On July 29, 2024, Maisie A. Barringer of the Law Office of Maisie A. Barringer, filed a motion to withdraw as appellate counsel for appellee, Amber Hamilton. See TEX. R. APP. P. 6.5(a), (b). The motion states that "[g]ood cause exists" for counsel's withdrawal because appellee "is in agreement with [the] withdrawal."
The motion complies with the requirements of Texas Rule of Appellate Procedure 6.5. See TEX. R. APP. P. 6.5(a), (b). The motion is also signed by Hamilton, indicating that she is "approved as to form and substance" of Barringer's request to withdraw. However, the motion does not include a certificate of conference representing that counsel conferred with all parties regarding the relief requested in the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2). Despite that, more than ten days have passed and no party has opposed Barringer's motion to withdraw.
Barringer's motion to withdraw is granted. The Clerk of this Court is directed to note the withdrawal of Maisie A. Barringer of the Law Office of Maisie A. Barringer as counsel for appellee, Amber Hamilton, on the Court's docket.
Maisie A. Barringer is directed to immediately notify Hamilton of "any deadlines or settings that [she] knows about at the time of withdrawal but that were not previously disclosed" to Hamilton and file a copy of the notice provided to appellee with the Clerk of this Court. See TEX. R. APP. P. 6.5(c).
On August 12, 2024, Ky Jurgensen and Simon W. Hendershot, III of Hendershot Cowart PC also filed a motion to withdraw as appellate counsel for appellee, Amber Hamilton. See TEX. R. APP. P. 6.5(a), (b). The motion states that "[g]ood cause exists" for counsel's withdrawal because appellee "is in agreement with [the] withdrawal."
The motion complies with the requirements of Texas Rule of Appellate Procedure 6.5. See TEX. R. APP. P. 6.5(a), (b). The motion is also signed by Hamilton, indicating that she has "agreed to" Jurgensen and Hendershot's request to withdraw. The motion includes a certificate of conference representing that Jurgensen and Hendershot conferred with counsel for appellant, Beverly Chancey, who is unopposed to the relief requested. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).
Jurgensen and Hendershot's motion to withdraw is granted. The Clerk of this Court is directed to note the withdrawal of Ky Jurgensen and Simon W. Hendershot, III of Hendershot Coward PC as counsel for appellee, Amber Hamilton, on the Court's docket.
Jurgenson and Hendershot are directed to immediately notify Hamilton of "any deadlines or settings that [they] know[] about at the time of withdrawal but that were not previously disclosed" to Hamilton 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.