Paul D. Simmons v. Teresa A. Simmons

Opinion

ACCEPTED

03-15-00008-CV

6283400

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/29/2015 7:03:55 PM

JEFFREY D. KYLE

CLERK

No. 03-15-00008-CV

FILED IN

PAUL D. SIMMONS, ) IN THE COURT OF APPEALS 3rd COURT FOR

OF APPEALS

Appellant ) AUSTIN, TEXAS ) 7/29/2015 7:03:55 PM v. ) THE THIRD JEFFREY D. KYLE DISTRICT

Clerk

)

TERESA A. SIMMONS, )

Appellee ) OF TEXAS

MOTION FOR LEAVE TO WITHDRAW AND SUBSTITUTION OF COUNSEL

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW KIRK HAWKINS, Attorney for Appellee, and files this Motion

For Leave to Withdraw and Substitution of Counsel, and as grounds therefore would

show the Court the following:

I Parties

Appellant is Paul D. Simmons. Appellee is Teresa A. Simmons.

II Nature of Motion

The nature and purpose of this motion is to replace trial counsel for Appellee

with appellate counsel for Appellee.

III Motion for Leave and for Substitution

Appellee, who resides at 18155 Nicks Drive, Spring Hill, Florida 34610,

telephone number 405-812-3567, no longer desires the services of KIRK HAWKINS,

trial counsel, and respectfully requests that the Court grant leave to allow this attorney to withdraw and to substitute as appellate counsel GARRETT C. HIGLEY, Law Office

of Garrett C. Higley, PLLC, 508 W. 12th Street, Austin, Texas 78701, (512) 514-1940,

Fax No. (512) 391-0028, State Bar Number 24046074, email

garrett@higleyfamilylaw.com, and ROBERT B. LUTHER, Law Offices ofRobert B.

Luther, P.C., 1800 Rio Grande, Austin, Texas 78701, (512) 477-2323, Fax No. (512)

4 78-1824, State Bar Number 12704000, email rbluther@luthlaw.com, as attorneys of

record in this cause for Appellee.

IV. Service Upon Party

Appellee has received a copy of this Motion to Withdraw and Substitution of

Counsel by delivering same to Appellee by certified mail and first -class mail, postage

prepaid, to the address stated in paragraph Ill above.

WHEREFORE, PREMISES CONSIDERED, the undersigned attorney prays

this Honorable Court release him as attorney of record for Appellee, and that the

Court place GARRETT C. HIGLEY and ROBERT B. LUTHER as attorneys of record

for Appellee.

KI HAWKINS P.O. BOX 3645 SAN ANGELO, TEXAS 76 325-65 8-5 5 85 STATE BAR NO. 09250400 E-Mail: kirkhawkinslaw@gmail.com

CERTIFICATE OF CONFERENCE

I hereby certify that on the 28th day of July, 2015, Mr. Hawkins communicated by email with a representative for Melvin Gray, Attorney for Appellant, who stated that Mr. Gray had no objection to this Motion for Leave to Withdraw and Substitution of Counsel, and I also communicated with the office of Attorney for Appellant, who stated that there was no objection to the motion or a subsequent request for extension, if necessary.

I hereby certify that a true and correct copy of the above and foregoing has been delivered this 2~ 1~ day of July, 2015, to the following, by first class mail and by certified mail, return receipt requested, and to Appellee:

· Mr. Melvin Gray Attorney at Law 206 West College San Angelo, Texas 76903