Jonna G. Peltier and James Peltier v. Grant Garrison, Vogel Reanon, Nicole Hopson, Debbie Smith and Patrick Smith

Court of Appeals of Texas·Decided December 27, 2016·No. 03-16-00855-CV·Published

Opinion

ACCEPTED

03-16-00855-CV

14452482

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/27/2016 12:08:10 PM

JEFFREY D. KYLE

CLERK

FILED IN

NO. 03-16-00855-CV 3rd COURT OF APPEALS AUSTIN, TEXAS

IN THE COURT OF APPEALS 12/27/2016 12:08:10 PM JEFFREY D. KYLE

Clerk

3RD JUDICIAL DISTRICT

AUSTIN, TEXAS

In re Mark Peltier and Jonna Peltier, Appellants

MOTION FOR WITHDRAWAL OF COUNSEL

JAMIE GRAHAM & ASSOCIATES, PLLC Jamie L. Graham State Bar No. 24027335 Audrey E. Manriquez State Bar No. 24029704 Tower Life Building 310 S. St. Mary's St., Suite 2500 San Antonio, Texas 78205 Tel: (210) 308-6448 Fax: (210) 308-5669 E-mail: jamie@jamiegrahamlaw.com Attorneys for Appellants

TO THE HONORABLE COURT OF APPEALS:

1. This Motion for Withdrawal of Counsel is brought by Jamie L. Graham

and Audrey E. Manriquez of JAMIE GRAHAM & ASSOCIATES, PLLC, who are

attorney of record for Jonna Peltier and James Mark Peltier. Jamie L. Graham and

Audrey E. Manriquez of JAMIE GRAHAM & ASSOCIATES, PLLC request the Court to

grant them permission to withdraw as attorney for Jonna Peltier and James Mark

Peltier in this case.

2. Good cause exists for withdrawal of Jamie L. Graham and Audrey E.

Manriquez of JAMIE GRAHAM & ASSOCIATES, PLLC as counsel, in that they are

unable to effectively communicate with Jonna Peltier and James Mark Peltier in a

manner consistent with good attorney-client relations.

3. A copy of this motion has been delivered to Jonna Peltier and James

Mark Peltier, who are hereby notified in writing of their right to object to this motion.

Jonna Peltier and James Mark Peltier have not consented to the motion.

4. The last known address of Jonna Peltier and James Mark Peltier is 1621

Mikula Place, New Braunfels, Texas, 78130, and the last known phone number of

Jonna Peltier and James Mark Peltier is (830) 822-4066.

5. The pending settings and deadlines in this case are as follows:

1) Fees Due in 3rd Court of Appeals- December 27, 2016

2) Docketing Statement Due in the 3rd Court of Appeals- December 27,

2016

3) Clerk’s Record Due in the 3rd Court of Appeals- February 7, 2017

4) Court reporter’s Record Due in the 3rd Court of Appeals- February 7,

2017

5) (Trial Court) Hearing on Motion for Enforcement in the Comal County

Courthouse Annex, 150 N. Seguin Street, New Braunfels, Texas on

December 30, 2016 at 9:00 a.m.

6. The following hearings have been held in this case and have been

recorded by the court reporters set forth below:

Type of Date of Transcript Transcript Court Reporter’s Hearing Hearing Requested? Received? Name, Address, Tel. No.

Motion to 07/10/2015 Yes Yes Dana Dance, 105 N. Modify Seguin, Suite 301, Temporary New Braunfels, Orders Texas 78130 Motion for 09/15/2016 No No Dana Dance, 105 N. Enforcement of Seguin, Suite 301, Possession or New Braunfels, Access Texas 78130 Order of 12/09/2016 Yes No Dana Dance, 105 N. Enforcement by Seguin, Suite 301, Contempt New Braunfels, Texas 78130

7. On entry of an order granting this motion and discharging Movants as

attorney of record for Jonna Peltier and James Mark Peltier, Movants will provide

Jonna Peltier and James Mark Peltier with the originals of all of Jonna Peltier and

James Mark Peltier’s discovery responses and documents Jonna Peltier and James

Mark Peltier have produced in response to discovery requests.

Notice to Client

You are hereby notified that this Motion for Withdrawal of Counsel has been

filed in the 3rd Court of Appeals. You do not have to agree to this motion. If you

wish to contest the withdrawal of Jamie L. Graham and Audrey E. Manriquez of

JAMIE GRAHAM & ASSOCIATES, PLLC as your attorney, you have a right to object.

If you do not oppose Jamie L. Graham and Audrey E. Manriquez of JAMIE GRAHAM

& ASSOCIATES, PLLC’S withdrawal as your attorney, you may notify Jamie L.

Graham and Audrey E. Manriquez of JAMIE GRAHAM & ASSOCIATES, PLLC in

writing of your consent to this motion.

Prayer

Jamie L. Graham and Audrey E. Manriquez of JAMIE GRAHAM & ASSOCIATES,

PLLC pray that the Court enter an order discharging them as attorney of record for

Jonna Peltier and James Mark Peltier.

Respectfully Submitted,

JAMIE GRAHAM & ASSOCIATES, PLLC Tower Life Building 310 S. St. Mary’s St., Suite 2500 San Antonio, Texas 78205 Tel. (210) 308-6448 Fax (210) 308-5669

By:/s/ Jamie L. Graham

Jamie L. Graham State Bar No. 24027335 Audrey E. Manriquez State Bar No. 24029704 Attorney for Respondents jamie@jamiegrahamlaw.com

Certificate of Service

I certify that a true copy of this Motion for Withdrawal of Counsel was served

in accordance with Rule 9.5 and Rule 6.5 of the Texas Rules of Appellate Procedure

on each party or that party's lead counsel as follows:

Via Facsimile @ 830-626-1414 The Bettersworth Law Firm 110 W. Faust Street New Braunfels, Texas 78130 Tel: 830-606-0404 Fax: 830-626-1414

Via First Class and Certified Mail Jonna Peltier and James Mark Peltier 1621 Mikula Place New Braunfels, Texas, 78130

/s/ Jamie L. Graham Jamie L. Graham Audrey E. Manriquez

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Jonna G. Peltier and James Peltier v. Grant Garrison, Vogel Reanon, Nicole Hopson, Debbie Smith and Patrick Smith, (Tex. Ct. App. 2016).

Jonna G. Peltier and James Peltier v. Grant Garrison, Vogel Reanon, Nicole Hopson, Debbie Smith and Patrick Smith (Jonna G. Peltier and James Peltier v. Grant Garrison, Vogel Reanon, Nicole Hopson, Debbie Smith and Patrick Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.