Narrative Opinion Summary
In the appellate case before the Court of Appeals for the First District of Texas at Houston, involving Clearpoint Crossing Property Owners Association, Cullen’s LLC, and 11500 Space Center, LLC, against Joseph Chambers and Debbie Chambers, the appellants sought to substitute their legal representation. The motion to substitute counsel was filed on April 21, 2017, by the existing and new counsel. The court granted this motion, finding that it complied with Texas Rule of Appellate Procedure 6.5(d), as it was duly signed by all parties involved. JoAnn Storey, the attorney withdrawing from the case, was ordered to ensure proper service of the motion and order to the appellants and to file a certificate of service within ten days. The court instructed the clerk to officially replace JoAnn Storey with Ian G. Simpson as co-counsel of record. The appeal was not classified as accelerated, and the deadline for filing the required document was established as May 8, 2017. Judge Laura Carter Higley signed the order on April 27, 2017.
Legal Issues Addressed
Procedural Directives for Clerk of Courtsubscribe to see similar legal issues
Application: The court directed the clerk to remove the withdrawing attorney and substitute the new attorney as co-counsel of record.
Reasoning: The court also directed the clerk to remove JoAnn Storey as co-counsel and substitute Ian G. Simpson as the new co-counsel of record.
Service Requirements for Withdrawing Counselsubscribe to see similar legal issues
Application: The withdrawing counsel must mail the motion and order to the appellants using certified and first-class mail and file a certificate of service within ten days.
Reasoning: JoAnn Storey, the withdrawing counsel, is required to mail the motion and the order to the appellants using certified and first-class mail and to file a certificate of service with the court within ten days of the order date.
Substitution of Counsel under Texas Rule of Appellate Procedure 6.5(d)subscribe to see similar legal issues
Application: The court granted the motion to substitute counsel as it met the requirements of Texas Rule of Appellate Procedure 6.5(d), being signed by all counsel involved.
Reasoning: The court granted the motion to substitute counsel, determining it complied with Texas Rule of Appellate Procedure 6.5(d) since it was signed by all counsel.