Neighborhood Centers Inc. v. Doreatha Walker

Opinion

ACCEPTED 01-14-00844-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/14/2015 3:01:25 PM CHRISTOPHER PRINE CLERK

C ASE N O . 01-14-00844-CV FILED IN In the First Court of Appeals 1st COURT OF APPEALS HOUSTON, TEXAS Houston, Texas 9/14/2015 3:01:25 PM CHRISTOPHER A. PRINE Clerk Neighborhood Centers, Inc., Appellant

v.

Doreatha Walker, Appellee and Cross-Appellant

From the 80th District Court, Harris County, Texas Cause No. 2014-37034

MOTION FOR LEAVE TO WITHDRAW AND SUBSTITUTE NEW COUNSEL, AND MOTION TO EXTEND TIME

Pursuant to Texas Rule of Appellate Procedure 6.5, the below-signed

counsel file this motion for leave to withdraw and substitute new counsel for

Cross-Appellant/Appellee Doreatha Walker, and to extend the September 21,

2015 deadline to respond to the motion for rehearing filed by Appellant

Neighborhood Centers, Inc.

999999\00195\1441486.1 MOTION FOR LEAVE TO WITHDRAW AND SUBSTITUTE NEW COUNSEL The below-signed counsel respectfully request that the current lead

counsel be allowed to withdraw and no longer represent Ms. Walker in this

appeal.1 Lorna McMillion and Lawrence M. Doss of MULLIN HOARD BROWN

LLP will represent Ms. Walker as new lead counsel in this appeal:

Lorna L. McMillion State Bar No. 24086726 Lawrence M. Doss State Bar No. 24012544 MULLIN HOARD BROWN LLP Wells Fargo Center, 1500 Broadway, Suite 700 Lubbock Texas 79401 806.765.7491 phone 806.765.0553 fax PO Box 2585 Lubbock Texas 79408-2585 lmcmillion@mhba.com ldoss@mhba.com

A copy of this motion has been delivered to Ms. Walker at her last

known address by certified mail, first class mail, and email as indicated below:

Ms. Doreatha Walker 6806 Lost Thicket Drive Houston TX 77085 713.263.4699 tryjesustoo@yahoo.com

1 Former lead counsel joined a new law firm after briefing in this appeal was complete and less than two weeks before oral argument. Former lead counsel subsequently learned of an unexpected and indirect conflict of interest that would preclude further representation in this appeal when this Court issued its opinion and the existing agreement to provide pro bono services ended by its own terms. As with the prior motion to withdraw, Ms. Walker agrees with and consents to this motion to withdraw and substitute new counsel.

999999\00195\1441486.1 MOTION TO EXTEND TIME Additionally, Ms. Walker seeks a brief two-week extension of the

September 21, 2015 deadline to respond to the motion for rehearing filed by

Appellant Neighborhood Center, Inc., pursuant to Texas Rules of Appellate

Procedure 10.5(b).

Ms. Walker’s appeal to this Court was referred to the new lead counsel

through the pro bono program of the Texas State Bar and the Houston Bar

Association Appellate Section on September 9, 2015. Additional time is needed

to review the Court’s opinion and the record on appeal, as well as to research

the issues raised in Neighborhood Centers, Inc.’s motion for rehearing.

Ms. Walker therefore requests that the Court vacate the September 21,

2015 deadline for Ms. Walker to file her response to the motion for rehearing,

and permit Ms. Walker to file response on Monday, October 5, 2015. This

motion is not brought for purpose of delay, but rather so that justice may be

done.

999999\00195\1441486.1 Respectfully submitted,

By: /s/ Whitney Rawlinson Whitney Rawlinson State Bar No. 24068655 4265 San Felipe, Suite 1200 Houston, Texas 77027 832.615.4228 phone 713.552.1758 fax wrawlinson@boyarmiller.com

FORMER COUNSEL FOR DOREATHA WALKER

and

By: /s/ Lorna L. McMillion Lorna L. McMillion State Bar No. 24086726 Lawrence M. Doss State Bar No. 24012544 MULLIN HOARD BROWN LLP Wells Fargo Center 1500 Broadway, Suite 700 Lubbock Texas 79401 806.765.7491 phone 806.765.0553 fax PO Box 2585 Lubbock Texas 79408-2585 lmcmillion@mhba.com ldoss@mhba.com

NEW COUNSEL FOR DOREATHA WALKER

999999\00195\1441486.1 CERTIFICATE OF COMPLIANCE

I do hereby certify that I have conferred with counsel for Appellant in this case, and counsel indicated that Appellant is unopposed to the relief sought in this motion.

/s/ Whitney Rawlinson Whitney Rawlinson

CERTIFICATE OF COMPLIANCE

I further hereby certify that this document complies with the typeface requirements of Texas Rule of Appellate Procedure 9.4(e) because it has been prepared in a proportionally spaced typeface using Microsoft Word 2013 in 14 point Bell MT font.

/s/ Whitney Rawlinson Whitney Rawlinson

999999\00195\1441486.1 CERTIFICATE OF SERVICE

I further certify that on the 14th day of September, 2015 a true and correct copy of the foregoing document was sent to all counsel of record as indicated below:

Linda P. Wills Wilson, Elser, Moskowitz, Edelman & Dicker, LLP 909 Fannin Street, Suite 3300 Houston, Texas 77010 713.353.2000 713.785.7780 fax linda.wills@wilsonelser.com by e-serve

Ms. Doreatha Walker Last known address: 6806 Lost Thicket Drive Houston TX 77085 tryjesustoo@yahoo.com by e-mail, first class mail, and certified mail, return receipt requested #7013 1710 0001 4236 9041

/s/ Whitney Rawlinson Whitney Rawlinson

999999\00195\1441486.1