Ellard v. Ellard

Full title: Willliam B. ELLARD, Appellant v. William D. ELLARD, Appellee

Court: Fourth Court of Appeals San Antonio, Texas

Date published: Nov 15, 2013

No. 04-13-00709-CV (Tex. App. Nov. 15, 2013)

Opinion

No. 04-13-00709-CV

11-15-2013

Willliam B. ELLARD, Appellant v. William D. ELLARD, Appellee

Marialyn Barnard

From the 73rd Judicial District Court, Bexar County, Texas

Trial Court No. 2013-CI-13357

Honorable Cathleen M. Stryker, Judge Presiding

ORDER

Oscar Cantu, counsel for appellant William B. Ellard, filed a motion to withdraw as counsel. According to the motion, appellant "wishes to retain new Counsel," though it is unclear if new counsel has been retained at this time. Rule 6.5 of the Texas Rules of Appellate Procedure governs motions to withdraw from representation in the appellate court. A motion to withdraw must include: (1) a list of current deadlines and settings in the case; (2) the last known address and telephone number of the client; (3) a statement that a copy of the motion was delivered to the client; and (4) a statement that the client was notified in writing of the right to object to the motion. Tex. R. App. P. 6.5(a). In addition, a copy of the motion must be delivered to the client in person or mailed-both by certified and by first class-mail-at the client's last known address. Id. R. 6.5(b). The motion filed by Mr. Cantu does not comply with the mandates of the rule. Specifically, the motion does not include the last known address and telephone number of appellant William B. Ellard, a statement that a copy of the motion was delivered to Mr. Ellard, a statement that Mr. Ellard was notified in writing of his right to object to the motion, or proof that the motion was delivered to Mr. Ellard as required by the rule. Accordingly, we DENY the motion to withdraw without prejudice to refiling. In addition, we advise appellant that if new counsel has been retained, a motion to substitute pursuant to Rule 6.4(d) will suffice, as long as the motion to substitute complies with the mandates of that portion of the rule.

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Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of November, 2013.

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Keith E. Hottle

Clerk of Court