Opinion
Appellate case number: 01-18-00170-CV
10-03-2019
Terry Neff and Iron Workers Mid-South Pension Fund, derivatively on behalf of Weatherford International, Ltd. v. Nicholas F. Brady, David J. Butters, William E. Macaulay, Robert B. Millard, and Robert A. Rayne
ORDER Trial court case number: 2010-40764 Trial court: 270th District Court of Harris County
This appeal is stayed pursuant to a suggestion of bankruptcy filed by appellees, Nicholas F. Brady, David J. Butters, William E. Macaulay, Robert B. Millard, and Robert A. Rayne, in this Court. See TEX. R. APP. P. 8.1 (notice of bankruptcy); see also 11 U.S.C. § 362(a) (automatic stay in bankruptcy).
Appellees have filed an Unopposed Motion to Withdraw James A. Reeder, Jr. as Counsel, requesting that Reeder be allowed to withdraw as their attorney and stating that Michael A. Heidler and Nicholas Shum of Vinson & Elkins, LLP will remain as counsel for appellees in this matter.
Appellees' motion does not comply with Texas Rule of Appellate Procedure 6.5. The motion does not indicate that it was delivered "in person or mailed," "both by certified and by first-class mail," to appellees at their last known addresses. See TEX. R. APP. P. 6.5(b), (d). Accordingly, the motion is denied without prejudice to refiling the same. See Springer v. Tummel, No. 13-14-00446-CV, 2016 WL 8919854, at *1 (Tex. App.—Corpus Christi-Edinburg Dec. 8, 2016, no pet.) (mem. op.) (noting, while case abated due to bankruptcy, "the only activity in th[e] appeal [was] appellant's motion to substitute counsel and motion to withdraw as counsel").
It is so ORDERED. Judge's signature: /s/ Julie Countiss
[v] Acting individually [ ] Acting for the Court Date: October 3, 2019