Opinion
01-23-00868-CV
02-01-2024
Ramesh Kapur v. Woodforest Association, Nicia Vitorino, as Assignee of William Callendare, and Post Oak Crossing Council of Co-Owners
Trial court: 151st District Court of Harris County, Trial court case number: 2022-39990.
ORDER
Amparo Monique Guerra, Judge.
Appellant, Ramesh Kapur, has filed a notice of appeal from the trial court's November 13, 2023 "Interlocutory Order Granting Defendant's Traditional and No Evidence Motion for Summary Judgment." Appellee, Nicia Vitorino, as assignee of William Callendare, was previously represented in the trial court by counsel, Alex R. Hernandez, Jr. of The Law Office of Alex R. Hernandez, Jr.
On January 19, 2024, Hernandez filed a "Notice of Nonrepresentation and Motion for Removal as Attorney of Record." In his notice of nonrepresentation, Hernandez stated that Vitorino is currently representing herself pro se in the trial court, and that he "no longer represents" Vitorino and was "not hired to represent Vitorino on appeal." Accordingly, requests that the Court remove him as counsel of record for Vitorino in the Court's records. See Tex. R. App. P. 6.4.
Prior to Hernandez's notice of nonrepresentation, there had been no filings filed by, or on behalf of, Vitorino, in this appeal. Because the Courts records reflect that Vitorino was represented by counsel in the trial court, and no appearance had been made by counsel, or Vitorino pro se, in this appeal, the Court sent all communications for this appeal to Vitorino's trial counsel. See Tex. R. App. P. 6.3(b) (appellate court required to send "[a]ny notice, copies of documents filed in an appellate court, or other communication . . . to a party's lead counsel in the trial court if: (1) that party was represented by counsel in the trial court; (2) lead counsel on appeal has not yet been designated for that party; and (3) lead counsel in the trial court has not filed a nonrepresentation notice or been allowed to withdraw").
We deny Hernandez's notice of nonrepresentation for failure to comply with Texas Rule of Appellate Procedure 6.4. See Tex. R. App. P. 6.4. (a)(2), (4) ("If, in accordance with paragraph 6.3(b), the lead counsel in the trial court is being sent notices, copies of documents, or other communications, that attorney may file a nonrepresentation notice in the appellate court. The notice must . . . state that the court and other counsel should communicate directly with the party in the future; . . . and . . . be signed by the party.").
It is so ORDERED.