Kevin Tarr v. Lantana Southwest Homeowners' Association, Inc.

• Court: Court of Appeals of Texas
• Decided: January 5, 2015
• Docket: 03-14-00714-CV
• Status: Published

Opinion

ACCEPTED 03-14-00714-CV 3654803 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/5/2015 4:10:35 PM JEFFREY D. KYLE CLERK Cause No. 03-14-00714-CV

FILED IN IN THE AUSTIN COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS 1/5/2015 4:10:35 PM JEFFREY D. KYLE On Appeal from the 98th Judicial District Court of Travis CountyClerk Cause Number No. D-1-GN-12-002467

KEVIN TARR,

Appellant,

v.

LANTANA SOUTHWEST HOMEOWNERS’ ASSOCIATION, INC.,

Appellee.

AGREED MOTION FOR LEAVE TO WITHDRAW AS COUNSEL OF RECORD

Paul Simon (“Simon”), on behalf of himself and Simon Herbert & McClelland, LLP

(the “Firm”), under Rule 6.5 of the Texas Rules of Appellate Procedure, file this Agreed

Motion for Leave to Withdraw as Counsel of Record, and ask that this Court allow them

to withdraw as attorneys for Appellant, Kevin Tarr (herein, “Appellant”). Simon and the

Firm are collectively referred to as the “Movants.”

Currently, Appellant’s Brief is due on or before Wednesday, January 14, 2015,

although, contemporaneous to the filing of this Motion, Appellant is filing an Agreed

Motion to Extend that deadline by 30 days, and Appellee, Lantana Southwest

Homeowners’ Association, Inc., has agreed to that extension. See Tex. R. App. P. 6.5(a)(1).

There are no other known deadlines. Appellant’s last known address is 7817 Oteka Cove, Austin, Texas 78735-1825, and

his last known telephone number is (512) 633-1745. See Tex. R. App. P. 6.5(a)(2).

A draft of this Motion was delivered to Appellant before it was filed, and a copy of

this Motion will be delivered to Appellant upon the filing of it with this Court. See Tex. R.

App. P. 6.5(a)(3).

Appellant has been notified that he has the right to object to the relief sought by this

Motion. See Tex. R. App. P. 6.5(a)(4).

PRAYER

Based on the foregoing, Movants respectfully request that this Court grant this

Agreed Motion for Leave to Withdraw as Counsel of Record, and allow Simon and the

Firm to withdraw as counsel for Appellant in this appeal.

Respectfully submitted,

SIMON HERBERT & MCCLELLAND, LLP

By: /s/ Paul Simon Paul Simon State Bar No. 24003276 Rachel Berkley State Bar No. 24082684 3411 Richmond Avenue, Suite 400 Houston, Texas 77046 (713) 987-7100 (phone) (713) 987-7120 (fax)

ATTORNEYS FOR APPELLANT, KEVIN TARR

-2- CERTIFICATE OF CONFERENCE

I certify that, on January 5, 2015, I conferred with counsel for Appellee, and he has AGREED to the relief sought herein. I have also conferred with my client, and he has AGREED to the relief sought herein.

/s/ Paul Simon Paul Simon

CERTIFICATE OF SERVICE

I hereby certify that, on January 5, 2015, a copy of the foregoing was delivered in a manner prescribed by the Texas Rules of Appellate Procedure to:

Via Email: ggodkin@rmwbhlaw.com

Greg Godkin Roberts Markel Weinberg Butler Hailey PC 111 Congress Plaza, Suite 1620 Austin, Texas 78701 Attorney for Appellee, Lantana Southwest Homeowners’ Ass’n, Inc.

Via Email: kevin_tarr@yahoo.com; CMRRR # 7014 1200 0001 9112 1338; & Regular Mail

Mr. Kevin Tarr 7817 Oteka Cove Austin, Texas 78735-18252 Appellant

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