Opinion
01-23-00947-CV
06-18-2024
Cinco Ranch Village Square Association, LLC v. Anro Leasing, LLC
Trial court: 270th District Court of Harris County Trial court case number: 2021-35642.
ORDER
Amparo Monique Guerra, Judge.
On June 4, 2024, Dwight Jefferson of Grealish McZeal, P.C. filed a motion to withdraw as appellate counsel for appellant/cross-appellee Cinco Ranch Village Square Association, Inc. ("Cinco Ranch"). See Tex. R. App. P. 6.5(a), (b). The motion states that Jefferson was retained to represent Cinco Ranch in the trial court, and he filed the notice of appeal "as a part of his representation in the trial court." However, Jefferson was not retained to represent Cinco Ranch on appeal. Further, Jefferson states that he "took steps to refer [Cinco Ranch] to appellant counsel," but "[w]hen advised of the cost of retaining appellate counsel, [Cinco Ranch] declined the referral and advised of its intent not to appeal the trial court's judgment."
The motion complies with the requirements of Texas Rule of Appellate Procedure 6.5. See Tex. R. App. P. 6.5(a), (b). However, the motion does not include a certificate of conference stating whether appellee/cross-appellant, Anro Leasing, LLC, opposes the withdrawal of counsel for Cinco Ranch. See Tex. R. App. P. 10.1(a)(5). Further, the motion does not state whether Cinco Ranch opposes the withdrawal of counsel. However, the motion confirms that it was delivered to Cinco Ranch in accordance with the requirements of Texas Rule of Appellate Procedure 6.5(b), and that Cinco Ranch was notified of its right to object to the request to withdraw. Despite that, more than ten days have passed and Cinco Ranch has not responded to the motion to withdraw. See Tex. R. App. P. 10.3(a).
The motion is granted. The Clerk of this Court is directed to note the withdrawal of Dwight Jefferson of Grealish McZeal, P.C. as counsel for appellant/cross-appellee, Cinco Ranch Village Square Association, Inc. on the docket of this Court.
Dwight Jefferson is directed to immediately notify Cinco Ranch of "any deadlines or settings that [he] knows about at the time of withdrawal but that were not previously disclosed" to Cinco Ranch and file a copy of the notice provided to Cinco Ranch with the Clerk of this Court. See Tex. R. App. P. 6.5(c)
It is so ORDERED.