Bradford A. Phillips, Clifton Phillips, Ryan T. Phillips and F. Terry Shumate v. United Heritage Corporation, a Utah Corporation

• Court: Court of Appeals of Texas
• Decided: April 16, 2010
• Docket: 10-08-00161-CV
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-08-00161-CV

Bradford A. Phillips, Clifton

Phillips, Ryan T. Phillips and

F. Terry Shumate,

                                                                                    Appellants

 v.

United Heritage Corporation,

a Utah Corporation,

                                                                                    Appellee

From the 249th District Court

Johnson County, Texas

Trial Court No. C200500312

ORDER

            Counsel for United Heritage Corporation has filed a motion to withdraw as counsel on April 14, 2010.  This cause is currently set for oral argument and submission to this Court on April 30, 2010 at 2:00 p.m.  The Court denies the motion because of the length of time this appeal has been pending and because granting the withdrawal without the substitution of new counsel would almost certainly require a delay in the oral argument and submission of this proceeding.  The denial of the motion is without prejudice to refiling if new counsel is substituted in place of withdrawing counsel and the new counsel agrees that submission on oral argument will proceed as scheduled.

                                                                        PER CURIAM

Before Chief Justice Gray,

            Justice Reyna, and

            Judge Trotter[1]

Motion Denied

Order delivered and filed April 16, 2010

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[1] The Honorable W. Stacy Trotter, Judge of the 244th District Court of Ector County, sitting by assignment of the Chief Justice of the Supreme Court of Texas pursuant to section 74.003(h) of the Government Code.  See Tex. Gov’t Code Ann. § 74.003(h) (Vernon 2005).