Opinion
05-24-00293-CV
07-01-2024
TERRENCE GORE, Appellant v. DALLAS COUNTY, ET AL., Appellees
On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. TX-22-00864
ORDER
CORY L. CARLYLE, JUSTICE.
Before the Court is Terrence Gore's June 29, 2024 motion for an extension until August 31, 2024 to file his brief. Mr. Gore asserts the Court "directed trial counsel to withdraw," and "the initial deadline for filing was insufficient for a pro se litigant to prepare a comprehensive brief of this complexity."
Mr. Gore's assertion regarding counsel appears to be a reference to our May 14, 2024 order, which followed Mr. Gore's written verification he had requested the reporter's record. In the order, we observed that Mr. Gore had commented in the verification that he was representing himself in the appeal. The notice of appeal, however, had been filed by Andrew Oostdyk, as counsel for Mr. Gore, and Mr. Oostdyk had not filed a motion to withdraw. As a result, we stated in the order that our records would reflect that Mr. Gore remained represented by counsel and all communication regarding the appeal would be directed to counsel. See TEX. R. APP. P. 6.1, 6.5.
In Texas, a civil litigant may represent himself or be represented by counsel, but he may not partly represent himself and partly be represented by counsel. See TEX. R. CIV. P. 7; In re S.V., 599 S.W.3d 25, 44 (Tex. App.-Dallas 2017, pet. denied). Mr. Oostdyk has not filed a motion to withdraw. Until he does and the motion is granted, Mr. Oostdyk remains Mr. Gore's counsel. Accordingly, we take no action on appellant's extension motion.
We note Mr. Oostdyk has not filed any documents in this appeal since he filed the notice of appeal. To the extent Mr. Oostdyk may not be aware that, having signed the notice of appeal, he is designated as appellate counsel until the Court allows him to withdraw, and to ensure timely and proper disposition of the appeal, we ORDER Mr. Oostdyk to file, no later than July 11, 2024, either written verification that he continues to represent Mr. Gore or a motion to withdraw as counsel in accordance with appellate rule 6.5. See TEX. R. APP. P. 6.5.
We SUSPEND the deadline for filing appellant's brief pending Mr. Oostdyk's compliance with this order.