Opinion
Appellate case number: 01-17-00505-CV
12-07-2017
Jack C. Ogg, William Bolton and Bolton Management Trust v. 2229 San Felipe, LLC and Gilbane Building Company
ORDER Trial court case number: 2016-26744 Trial court: 129th District Court of Harris County
The notice of appeal filed in this case identifies three appellants: Jack C. Ogg, William Bolton, and Bolton Management. The notice of appeal was filed on behalf of all three appellants by attorney John Boswell. Unless another attorney is designated, lead counsel for an appellant is the attorney whose signature first appears on the notice of appeal. TEX. R. APP. P. 6.1(a). No docketing statement has been filed. See TEX. R. APP. P. 32.1.
On October 2, 2017, appellant Ogg filed an unopposed motion to substitute attorney W. Shawn Staples as his counsel. Attorney Boswell has not withdrawn, and the motion to substitute counsel for Ogg does not comply with the rules governing the designation of a new lead counsel, see TEX. R. APP. P. 6.1(c), or for substitution of counsel for a withdrawing attorney, see TEX. R. APP. P. 6.5(d). On the same date, attorney Staples also filed a motion to extend time to file Ogg's brief.
On December 4, 2017, attorney Staples filed an appellant's brief on behalf of Ogg. The next day, counsel for appellee 2229 San Felipe, LLC filed an unopposed motion for extension of time to file its brief. No appellant's brief has been filed on behalf of appellants Bolton and Bolton Management.
In light of the foregoing:
1. If attorney Boswell is withdrawing from representation of appellant Ogg, he is ordered to file a motion complying with Rule 6.5(d) no later than December 15, 2017. If Boswell is not withdrawing from representation of Ogg, appellants' counsel are ordered to file appropriate motions or notices to clarify appellants' representation by counsel in this court. See TEX. R. APP. P. 6.
2. The intended attorney of record for each appellant is ordered to file a docketing statement on behalf of each appellant represented by the attorney, no later than December 15, 2017. See TEX. R. APP. P. 32.1.It is so ORDERED. Judge's signature: /s/Michael Massengale
3. The appellant's brief for Bolton and Bolton Management is past due. If an appellant fails to timely file a brief, the court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure to file the brief timely and appellee is not significantly harmed by the appellant's failure to file a brief timely. See TEX. R. APP. P. 38.8(a)(1). If Bolton and Bolton Management intend to file a brief, they must do so immediately, or file a motion to extend the deadline.
4. Appellee 2229 San Felipe, LLC's motion to extend time is granted. The deadline for all appellees' briefs is suspended pending a determination of whether the brief of appellants Bolton and Bolton Management will be filed, but in any case, appellees' briefs will not be due before March 5, 2018. See TEX. R. APP. P. 38.6.
5. The parties may propose an agreed briefing schedule, and any party may move for a modification of the deadlines in this order.
Acting individually Date: December 7, 2017