Melinda Jackson v. Eugene Ethridge

• Court: Court of Appeals of Texas
• Decided: February 15, 2022
• Docket: 01-21-00667-CV
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Melinda Jackson v. Eugene Ethridge Appellate case number: 01-21-00667-CV Trial court case number: 1176269 Trial court: County Civil Court at Law No. 2 of Harris County Roger G. Jain and Thomas H. Smith III of Roger G. Jain & Associates, P.C. have filed a motion to withdraw as appellate counsel for appellee, Eugene Ethridge. See TEX. R. APP. P. 6.5(a), (b). The motion states that Jain and Smith were retained to represent appellee in the trial court, but “have not been retained to represent [appellee] in this appeal.” Further, the motion states that Jain and Smith “have attempted to contact [appellee] several times to inquire as to whether [appellee] wishes to retain [Jain and Smith], but [appellee] has not been responsive.” The motion complies with the requirements of Texas Rule of Appellate Procedure 6.5. See TEX. R. APP. P. 6.5(a), (b). Further, the motion includes a certificate of conference representing that appellant, Melinda Jackson, is not opposed to Jain and Smith’s request to withdraw as appellate counsel for appellee. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2). Accordingly, the motion is granted. The Clerk of this Court is directed to note the withdrawal of Roger G. Jain and Thomas H. Smith III of Roger G. Jain & Associates, P.C. as counsel for appellee on the docket of this Court. Roger G. Jain and Thomas H. Smith III are directed to immediately notify appellee of “any deadlines or settings that [they] knows about at the time of withdrawal but that were not previously disclosed” to appellee and file a copy of the notice provided to appellee with the Clerk of this Court. See TEX. R. APP. P. 6.5(c) It is so ORDERED.

Judge’s signature: ____/s/ April Farris_______  Acting individually  Acting for the Court

Date: ___February 15, 2022____