John Yi v. Bong Ko, Kon Young Park and Unlimited PCS, Inc.

• Court: Court of Appeals of Texas
• Decided: November 17, 2015
• Docket: 05-15-00644-CV
• Status: Published

Opinion

ACCEPTED 05-15-00644-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 11/17/2015 4:25:20 PM LISA MATZ CLERK

No. 05-15-00644-CV

FILED IN In the 5th COURT OF APPEALS DALLAS, TEXAS

Court of Rppeato 11/17/2015 4:25:20 PM LISA MATZ Clerk jfiftb rittitritt of Eexa5 at ;3atia5

JOHN YI, Appellant v.

BONG KO Appellee

On Appeal from the 101st Judicial District Court, Dallas Count, Texas Cause No. DC-13-10821

APPELLANT'S UNOPPOSED MOTION FOR WITHDRAWAL AND SUBSTITUTION OF COUNSEL

John Franklin Guild jguild@ghjhlaw.com State Bar No. 24041022 Gruber Hurst Elrod Johansen Hail Shank LLP 1445 Ross Avenue, Suite 2500 Dallas, Texas 75202 Telephone No. (214) 855-6800 Facsimile No. (214) 855-6808 ATTORNEYS FOR APPELLANT

1 TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW the Appellant, and files this Motion For Withdrawal and

Substitution of Counsel, and in support thereof respectfully states:

1. Appellant is currently represented by James H. Bilton, W. Scott

Hasting, and the law firm of Locke Lord LLP as counsel of record for Appellant in

the above-referenced matter.

2. Appellant has recently engaged John Franklin Guild of Gruber Hurst

Elrod Johansen Hail Shank LLP to serve as counsel in this matter.

3. Appellant desires and consent to substitute John Franklin Guild and

the law firm of Gruber Hurst Elrod Johansen Hail Shank LLP in place of James H.

Bilton, W. Scott Hasting, and the law firm of Locke Lord LLP as counsel of record

for Appellant in the above-referenced matter.

4. Appellant requests that all notices and pleadings in this case be

directed to:

John Franklin Guild State Bar No. 24041022 jguild@ghjhlaw.corn Gruber Hurst Elrod Johansen Hail Shank LLP 1445 Ross Avenue, Suite 2500 Dallas, TX 75202-2711 Telephone (214) 855-6800 Facsimile (214) 855-6808

5. Appellant approves this substitution of counsel.

2 6. Substitution should not affect any scheduling related to this matter.

This Court issued is Memorandum Opinion dismissing the appeal for want of

jurisdiction on September 29, 2015, but Mandate has not yet issued. The

withdrawal and substitution is not sought for purposes of delay, but so that justice

may be done.

7. The undersigned counsel conferred with counsel for Appellee

concerning the relief sought in this motion. Counsel for Appellee stated that

Appellee is unopposed to the motion.

WHEREFORE, PREMISES CONSIDERED, Appellant, moves that John

Franklin Guild of Gruber Hurst Elrod Johansen Hail Shank LLP be substituted in

as counsel for Appellant.

Respectfully submitted,

/s/ John Franklin Guild Michael K. Hurst mhurst@ghjhlaw.com State Bar No. 10316310 John Franklin Guild jguild@ghjhlaw.com State Bar No. 24041022 Gruber Hurst Johansen Hail Shank LLP 1445 Ross Avenue, Suite 2500 Dallas, Texas 75202 Telephone No. (214) 855-6800 Facsimile No. (214) 855-6808

ATTORNEYS FOR APPELLANT

3 CERTIFICATE OF CONFERENCE

The undersigned counsel conferred with counsel for Appellee concerning the relief sought in this motion. Counsel for Appellee stated that Appellee is unopposed to the motion.

/s/ John Franklin Guild John Franklin Guild

CERTIFICATE OF SERVICE

The undersigned certifies that on this 17th day of November, 2015, a true and correct copy of the foregoing document has been sent by electronic service to the following counsel of record:

Tailim Song Michael Weston Amy Hsu Bennett, Weston, LaJone & Turner PC 13140 Coit Road, Suite 350 1603 LBJ Freeway, Suite 280 Dallas, Texas 75240 Dallas, Texas 75234 Counsel for Plaintiff Bong Ko Counsel for Defendants Kon Young Park and Unlimited PCS, Inc.

CERTIFICATE OF COMPLIANCE WITH RULE 9.4 I, John Franklin Guild, attorney for Petitioners certify that this document was generated by a computer using Microsoft Word 2010 which indicates that the word count of this document is 291 per TEX. R. APP. P. 9.4 (i).