Narrative Opinion Summary
Michael J. Blanchard of the Butch Boyd Law Firm filed a “First Amended Motion to Withdraw and to Substitute Counsel” on behalf of Siana Oil and Gas Co. LLC, seeking to replace existing counsel with Steven J. Mitby, Timothy W. Johnson, and John D. Bullock from Mitby Pacholder Johnson PLLC, designating Mitby as the new lead counsel. The motion was filed on September 28, 2022, and since over ten days passed without a response from the appellee, the motion was granted in accordance with Texas Rules of Appellate Procedure (TEX. R. APP. P. 10.3 and 6.5(b)). The Clerk of the Court is instructed to update the docket to reflect the withdrawal of Blanchard and the Butch Boyd Law Firm, and the substitution of the new counsel. The order was signed by Acting Judge Julie Countiss on October 13, 2022.
Legal Issues Addressed
Docket Update for Withdrawal and Substitution of Counselsubscribe to see similar legal issues
Application: The court orders the Clerk to update the docket to reflect the changes in counsel as granted by the motion.
Reasoning: The Clerk of the Court is instructed to update the docket to reflect the withdrawal of Blanchard and the Butch Boyd Law Firm, and the substitution of the new counsel.
Substitution of Counsel under Texas Rules of Appellate Proceduresubscribe to see similar legal issues
Application: The legal principle of granting a motion to substitute counsel without a response from the appellee is applied, as over ten days passed since the filing of the motion without a response.
Reasoning: The motion was filed on September 28, 2022, and since over ten days passed without a response from the appellee, the motion was granted in accordance with Texas Rules of Appellate Procedure (TEX. R. APP. P. 10.3 and 6.5(b)).