Homer Alvarado and Valania Alvarado v. the Abijah Group, Inc., D/B/A and F/K/A Baker Surveying and Engineering, Inc.

• Court: Court of Appeals of Texas
• Decided: February 27, 2015
• Docket: 03-13-00060-CV
• Status: Published

Opinion

ACCEPTED 03-13-00060-CV 4316633 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/27/2015 2:35:07 PM JEFFREY D. KYLE CLERK

No. 03-13-00060-CV FILED IN 3rd COURT OF APPEALS In the AUSTIN, TEXAS Third Court of Appeals 2/27/2015 2:35:07 PM Austin, Texas JEFFREY D. KYLE Clerk

Homer Alvarado and Valania Alvarado, Appellants,

v.

The Abijah Group, Inc. d/b/a and f/k/a Baker Surveying and Engineering, Inc., Appellee.

From the 424th Judicial District Court Blanco County, Texas Honorable Don Leonard (Retired), Judge Presiding

APPELLEE’S UNOPPOSED MOTION FOR SUBSTITUTION OF COUNSEL

TO THE HONORABLE COURT OF APPEALS:

NOW COMES, The Abijah Group, Inc. d/b/a and f/k/a Baker Surveying and

Engineering, Inc., Appellee in the above cause and files this Unopposed Motion for

Substitution of Counsel and would show the Court the following:

1. This Motion is to advise the Court that J. Ken Nunley, one of the attorneys for

Appellee, passed away on September 30, 2013, and Appellee’s other attorney of record is no

longer an employee of The Nunley Firm. 2. Chad M. Upham respectfully requests this Court grant this Unopposed Motion for

Substitution of Counsel and allow him to appear as the attorney of record for Appellee.

Appellee agrees to this substitution of counsel and Appellants have no opposition to this

motion.

WHEREFORE, Appellee The Abijah Group, Inc. d/b/a and f/k/a Baker Surveying and

Engineering, Inc. prays that this motion be granted and that the court substitute Chad M.

Upham as the attorney of record for Appellee.

Respectfully submitted,

THE NUNLEY FIRM 1580 South Main Street; Suite 200 Boerne, Texas 78006 830/816-3333 830/816-3388 (fax)

BY: /s/ Chad M. Upham CHAD M. UPHAM SBN: 24028178 Attorneys for Appellee, The Abijah Group, Inc. d/b/a and f/k/a Baker Surveying and Engineering, Inc.

Certificate of Conference

On February 27, 2015, Chad M. Upham conferred by email with Michael S. Truesdale, counsel for Appellants, regarding this motion. Mr. Truesdale responded that Appellants do not oppose the motion. /s/ Chad M. Upham CHAD M. UPHAM

2 Certificate of Service

I hereby certify that a true and correct copy of the above and foregoing has been served via email on the 27th day of February, 2015 to the following:

Mr. Michael S. Truesdale Law Office of Michael S. Truesdale, PLLC 801 West Avenue, Suite 201 Austin, Texas 78701

/s/ Chad M. Upham Chad M. Upham