Narrative Opinion Summary
Creative Chateau, LLC has submitted an "Unopposed Motion to Substitute Counsel" to replace withdrawing counsel Daniel W. Jackson and Daniel Gierut with Misty Hataway-Coné as lead appellate counsel. The motion indicates that the appellant approves of this substitution and provides contact details for Hataway-Coné and her firm, Coné PLLC. However, the court notes that the motion does not confirm compliance with Texas Rule of Appellate Procedure 6.5 regarding the delivery of the motion by the withdrawing attorneys to the appellant. Consequently, the court denies the motion due to this non-compliance but allows the appellant to file a renewed request for substitution that adheres to the relevant procedural rules. The order is signed by Judge Amparo Guerra on February 2, 2023.
Legal Issues Addressed
Compliance with Procedural Rulessubscribe to see similar legal issues
Application: Non-compliance with procedural rules results in denial of the motion, but the appellant is permitted to file a renewed request that adheres to the rules.
Reasoning: Consequently, the court denies the motion due to this non-compliance but allows the appellant to file a renewed request for substitution that adheres to the relevant procedural rules.
Substitution of Counselsubscribe to see similar legal issues
Application: The motion to substitute counsel must comply with procedural rules, specifically confirming delivery of the motion by the withdrawing attorneys to the appellant.
Reasoning: The motion indicates that the appellant approves of this substitution and provides contact details for Hataway-Coné and her firm, Coné PLLC. However, the court notes that the motion does not confirm compliance with Texas Rule of Appellate Procedure 6.5 regarding the delivery of the motion by the withdrawing attorneys to the appellant.