Lost Creek Ventures, LLC D/B/A Happy Bulldog Management Stephan Epstein And Marilyn Roth Epstein v. Alan Pilgrim

Opinion

ACCEPTED

01-15-00375-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS 9/7/2015 6:48:55 PM CHRISTOPHER PRINE

CLERK

CAUSE NO. 01-15-00375-CV

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FILED IN

1st COURT OF APPEALS

IN THE FIRST COURT OF APPEALS IN HOUSTON, TEXASHOUSTON, TEXAS 9/8/2015 9:14:00 AM

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CHRISTOPHER A. PRINE

Clerk

LOST CREEK VENTURES, LLC D/B/A HAPPY BULLDOG MANAGEMENT; STEPHAN EPSTEIN, AND MARILYN ROTH EPSTEIN,

Appellants,

v.

ALAN PILGRIM,

Appellee.

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On Appeal from the County Court at Law No. 2 in Travis County, Texas Transferred from the Third Court of Appeals in Austin, Texas

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UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR APPELLANTS

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Tracy J. Willi Willi Law Firm, P.C. 9600 Escarpment Blvd., Suite 745, PMB 34 Austin, TX 78749-1983 Tel. (512) 288-3200 Fax (512) 288-3202 twilli@willi.com

ATTORNEY FOR LOST CREEK VENTURES, LLC D/B/A HAPPY BULLDOG MANAGEMENT; STEPHAN EPSTEIN, AND MARILYN ROTH EPSTEIN

UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR APPELLANTS

Tracy J. Willi files this Motion to Withdraw as Counsel for Lost Creek

Ventures, LLC d/b/a Happy Bulldog Management, Stephan Epstein, and Marilyn

Roth Epstein, Appellants, and would show this Court as follows.

Pursuant to Rule 6.5 of the Texas Rules of Appellate Procedure, Tracy J.

Willi and Willi Law Firm, P.C., request this Court to grant an order withdrawing as

counsel of record for the Appellants.

The list of current deadlines is as follows:

The trial court in this case entered judgment on November 10, 2014. The

Appellants’ Brief was due on September 4, 2015. Concurrently with this motion to

withdraw, counsel for Appellants has filed an unopposed motion for extension of

time to file the Appellants’ Brief to move the deadline to October 5, 2015. The

motion for extension is filed so that Appellants will have time to find new counsel,

if they choose to do so.

The last known address and telephone for the Appellants is as follows:

Lost Creek Ventures, LLC d/b/a Happy Bulldog Management Stephan Epstein Marilyn Roth Epstein 7519 Stonecliff Dr. Austin, TX 78731 512-476-5951

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A copy of this motion has been delivered to the Appellants as stated in the

Certificate of Service below. The Appellants have been notified in writing of their

right to object to the motion.

Good cause exists for this motion to withdraw because the Appellants have

had difficulty coming up with money to pay their attorney to pursue this appeal.

As of September 7, 2015, the Appellants have been unable to pay their attorney for

outstanding fees incurred.

Upon the granting of this motion, the withdrawing attorney will immediately

notify the Appellants, in writing, of any deadlines or settings that the attorney

knows about at the time of withdrawal but that were not previously disclosed to the

party. The withdrawing attorney will file a copy of that notice with the Court’s

clerk.

Tracy J. Willi and Willi Law Firm, P.C., request this Court to grant an order

stating that Tracy J. Willi and Willi Law Firm, P.C. are hereby withdrawn from

this case.

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Respectfully submitted,

/s/ Tracy J. Willi Tracy J. Willi Texas Bar No. 00784633 Willi Law Firm, P.C. 9600 Escarpment Blvd., Suite 745, PMB 34 Austin, TX 78749-1983 Tel. (512) 288-3200 Fax (512) 288-3202 twilli@willi.com

ATTORNEY FOR LOST CREEK VENTURES, LLC D/B/A HAPPY BULLDOG MANAGEMENT; STEPHAN EPSTEIN, AND MARILYN ROTH EPSTEIN

CERTIFICATE OF CONFERENCE

I hereby certify that I conferred with opposing counsel, Lisa Bowlin Hobbs, and she is not opposed to this motion.

/s/ Tracy J. Willi Tracy J. Willi

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CERTIFICATE OF SERVICE ON APPELLANTS

I hereby certify that this motion was served on Appellants by certified and first-class mail to the Appellants’ last known address as follows:

Lost Creek Ventures, LLC d/b/a Happy Bulldog Management Stephan Epstein Marilyn Roth Epstein 7519 Stonecliff Dr. Austin, TX 78731 512-476-5951 /s/ Tracy J. Willi Tracy J. Willi

CERTIFICATE OF FILING AND SERVICE ON OPPOSING COUNSEL

I hereby certify that this document was filed with Clerk of Court through the Court’s electronic filing system (“efs”) and served on all counsel of record through efs or, if counsel is not registered for efs, then by email on September 7, 2015 as follows:

Lisa Bowlin Hobbs Kuhn Hobbs, PLLC 3307 Northland Drive, Suite 310 Austin, TX 78731 (512) 476-6003 (512) 476-6002 (fax) Lisa@kuhnhobbs.com

COUNSEL FOR APPELLEE, ALAN PILGRIM

/s/ Tracy J. Willi Tracy J. Willi