in Re Pine Tree Capital, LLC
This text of in Re Pine Tree Capital, LLC (in Re Pine Tree Capital, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Deny and Opinion Filed February 18, 2022
In The Court of Appeals Fifth District of Texas at Dallas
No. 05-22-00105-CV
IN RE PINE TREE CAPITAL, LLC, ET AL, Relators
Original Proceeding from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-09-01295
MEMORANDUM OPINION Before Justices Molberg, Pedersen, III, and Garcia Opinion by Justice Molberg
Before the Court are relators’ petition for writ of mandamus, Richard D.
Gaines’ motion to be admitted pro hac vice to represent relators, and resident
practicing Texas attorney’s motion in support of the pro hac vice motion, all filed
February 10, 2022.
The motion by Richard D. Gaines does not comply with the requirements for
participation in Texas proceedings by a non-resident attorney. See TEX. R.
GOVERNING ADMISSION TO THE BAR XIX(d). Although he has not been admitted to
the State Bar of Texas or pro hac vice to represent relators in this case, his
Page 1 of 2 signature block and signature both appear on the petition for writ of mandamus
along with those of a member of the Texas Bar. See In re Hartford Life & Annuity
Ins. Co., No. 05-14-00457-CV, 2014 WL 1613018, at *1 (Tex. App.—Dallas, Apr.
22, 2014, orig. proceedings) (mem. op.) (improper inclusion on a petition signed
by a resident attorney when neither licensed nor admitted pro hac vice).
Additionally, relators’ petition does not satisfy the requirements of the Texas
Rules of Appellate Procedure. The petition is not properly certified. See TEX. R.
APP. P. 52.3(j). Relators have also failed to provide a complete and properly
certified or sworn record. See TEX. R. APP. P. 52.3(k) and 52.7(a)(1). Relators
have failed to provide an adequate record for our review.
Accordingly, we deny the motions for Richard D. Gaines to be admitted pro
hac vice to represent relators and we deny the petition for writ of mandamus. See
TEX. R. APP. P. 52.8(a).
/Ken Molberg// 220105f.p05 KEN MOLBERG JUSTICE
Page 2 of 2
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
in Re Pine Tree Capital, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-pine-tree-capital-llc-texapp-2022.