Opinion
01-24-00696-CV
11-14-2024
Sergey Yokovlev v. Maria Yakovleva
Trial court: 209th District Court of Harris County Trial court case number: 2023-25853
ORDER
Amparo Monique Guerra, Judge.
Appellant, Sergey Yokovlev, filed an "Agreed Motion for Substitution of Counsel." Appellant is currently represented by Craig Seldin of the Law Offices of Craig Seldin PLLC. Appellant's motion states that Seldin "be withdrawn" and the Court substitute Timothy A. Hootman as appellant's counsel. See TEX. R. APP. P. 6.5(d).
Appellant's motion includes a certificate of conference stating that Seldin and Hootman have "joined in this motion," but does not state whether appellee, Maria Yakovleva, is opposed to the relief requested in the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3.
Also, appellant's motion to substitute does not comply with Texas Rule of Appellate 6.5(d). Specifically, appellant's motion to substitute fails to certify or confirm 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 [Texas Rule of Appellate Procedure 6.5(b)]").
Because appellant's motion to substitute fails to fully comply with Texas Rule of Appellate Procedure 6.5(d), the motion is denied without prejudice to filing a motion that complies with the rules.
It is so ORDERED.