Narrative Opinion Summary
The Court of Appeals for the First District of Texas at Houston issued an order regarding the case Hartman Income Reit, Inc. v. Mackenzie Blue Ridge Fund III, LP, appellate case number 01-20-00218-CV, stemming from trial court case number 2019-21776 in the 80th District Court of Harris County. The court addressed a motion to substitute counsel filed by the appellant's counsel on March 11, 2021. The motion was denied because it did not comply with Rule 6.5, specifically failing to indicate that the motion had been delivered to the appellant personally or via certified and first-class mail. The denial is without prejudice, allowing for the possibility of refiling an amended motion that meets the requirements of Rule 6.5. The order was signed by Judge Peter Kelly on March 17, 2022.
Legal Issues Addressed
Denial of Motion without Prejudicesubscribe to see similar legal issues
Application: The court's denial of the motion was without prejudice, allowing the appellant the opportunity to refile an amended motion that complies with the necessary procedural requirements.
Reasoning: The denial is without prejudice, allowing for the possibility of refiling an amended motion that meets the requirements of Rule 6.5.
Substitution of Counsel under Rule 6.5subscribe to see similar legal issues
Application: The court denied the motion to substitute counsel due to non-compliance with the requirements of Rule 6.5, which mandates that the motion must be delivered to the appellant personally or via certified and first-class mail.
Reasoning: The motion was denied because it did not comply with Rule 6.5, specifically failing to indicate that the motion had been delivered to the appellant personally or via certified and first-class mail.