Opinion
01-24-00397-CV
10-08-2024
In re Houston Pipe Line Company LP, ETC Katy Pipeline, LLC, Energy Transfer Fuel, LP, and Oasis Pipeline, LP
Trial court: 133rd District Court of Harris County, Trial court case number: 2021-63124.
ORDER
Terry Adams, Judge.
David M. Gunn, counsel for real party in interest, XTO Energy, Inc., filed an "Unopposed Motion of Withdrawal of David M. Gunn and Substitution of Lead Counsel for Real Party in Interest." The motion states that Mr. Gunn, of Beck Redden LLP, seeks to withdraw as counsel of record for real party in interest, as he "has been appointed to the First Court of Appeals and is unable to continue his representation." The motion further states that Nicholas M. Bruno, also of Beck Redden LLP, "will substitute as lead appellate counsel" for real party in interest. See Tex. R. App. P. 6.5(d).
Appellant's motion complies with the requirements of Texas Rule of Appellate Procedure 6.5(d) for the substitution of counsel on appeal. See Tex. R. App. P. 6.5(d) ("If an attorney substitutes for a withdrawing attorney, the motion to withdraw need not comply with (a) but must state only the substitute attorney's name, mailing address, telephone number, fax number, if any, and State Bar of Texas identification number."). The motion further includes confirmation that the withdrawing counsel has complied with the delivery requirements of Texas Rule of Appellate Procedure 6.5(b). See Tex. R. App. P. 6.5(b) ("The motion [to withdraw] must be delivered to the party in person or mailed-both by certified and first-class mail-to the party at the party's last known address."), (d) (where attorney substitutes for withdrawing lead counsel, "withdrawing lead counsel must comply with (b)").
The motion includes a certificate of conference stating that relators, Houston Pipe Line Company, LP, ETC Katy Pipeline, LLC, Energy Transfer Fuel, LP, and Oasis Pipeline, LP, are unopposed to the relief requested in the motion. See Tex. R. App. P. 10.1(a)(5), 10.3.
Accordingly, the motion is granted. The Clerk of this Court is directed to note the withdrawal of David M. Gunn of Beck Redden LLP as lead counsel for real party in interest XTO Energy, Inc., and the substitution of Nicholas M. Bruno of Beck Redden LLP as lead counsel for real party in interest on the docket of this Court.
It is so ORDERED.