Evelyn Wyatt v. Cynthia M. Simon, Jerry L. Schutza, Jaikshin S. Bhagia and Nanik S. Bhagia ( 2015 )

ACCEPTED
01-15-00497-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/7/2015 1:20:11 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00497-CV
FILED IN
EVELYN WYATT, § IN THE COURT OF APPEALS
1st COURT OF APPEALS
§ HOUSTON, TEXAS
Appellant, § 7/7/2015 1:20:11 PM
§ CHRISTOPHER A. PRINE
V. § FOR THE Clerk
FIRST DISTRICT
§
§
CYNTHIA M. SIMON, JERRY L. §
SCHUTZA, JAIKSHIN S. BHAGIA §
and NANIK S. BHAGIA §
Appellees. § AT HOUSTON
MOTION FOR WITHDRAWAL OF COUNSEL
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Movant, Brett L. Bigham, Attorney for Appellant, Evelyn
Wyatt, (hereinafter Appellant), and brings this Motion for Withdrawal of Counsel, and
in support thereof, shows the Court the following:
I.
Good cause exists for withdrawal of Movant as counsel because Movant is
unable effectively to communicate with Appellant in a manner consistent with good
attorney-client relations. Specifically, Counsel has been unable to communicate with
client regarding handling her appeal.
II.
Good cause exists for withdrawal of Movant as counsel because Appellant has
not complied with the terms of the employment agreement with this attorney.
Motion for Withdrawal of Counsel 1
Appellant has failed to comply with the financial terms of the attorney/client
agreement.
III.
The settings and deadlines in this case are as follows:
1. To pay appellate filing fee - July 23, 2015.
2. To file Clerk’s Record - August 3, 2015.
IV.
This Motion is not sought for the purposes of delay.
V.
A copy of this motion bearing the enclosed notice has been delivered to the last
known address of Appellant.
Evelyn Wyatt Sent Via CM 7015 0640 0001 3984 1867,
129 Scott St. First Class Mail and Email
San Francisco, CA 94117
Appellant’s telephone number is 415-431-3505.
VI.
Appellant is hereby notified in writing of the right to object to this motion.
WHEREFORE, PREMISES CONSIDERED, Movant prays that the Court
enters an order discharging Movant as attorney of record for Appellant, Evelyn
Wyatt, and for such other and further relief that may be awarded at law or in equity.
Motion for Withdrawal of Counsel 2
Respectfully submitted,
Law Offices of Brett L. Bigham, PLLC
By: /s/Brett L. Bigham
Brett L. Bigham
Texas Bar No. 02312720
100 N. College St., Ste. 404
P.O. Drawer B
Waxahachie, Texas 75168
Tel. (972)938-9303
Fax. (469)548-6862
Email: brettbigham@yahoo.com
Attorney for Evelyn Wyatt
Motion for Withdrawal of Counsel 3
Certificate of Conference
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
have conferred, or made a reasonable attempt to confer, with all other parties—which
are listed below—about the merits of this motion with the following results:
Carl T. Schultz
Attorney at Law
11 Greenway Plaza, Ste. 2820
Houston, TX 77046
Attorney for Jerry L. Schutza
Results: He said that he did not oppose the motion.
Jerry L. Schutza
Attorney at Law
11 Greenway Plaza, Ste. 2820
Houston, TX 77046
Attorney for Cynthia Simon
Results: Did not return my inquiry regarding the motion.
H. Miles Cohn
Crain Caton & James, PC
1401 McKinney, Ste. 1700
Houston, TX 77010
Attorney for Jerry L. Schutza
Results: He said that he did not oppose the motion.
Evelyn Wyatt
129 Scott St.
San Francisco, CA 94117
Appellant
Results: Did not return my inquiry regarding the motion.
By: /s/Brett L. Bigham
Brett L. Bigham
Motion for Withdrawal of Counsel 4
CERTIFICATE OF SERVICE
I hereby certify on July 7, 2015 that a true and correct copy of the foregoing
Motion for Withdrawal of Counsel has been served as follows:
Carl T. Schultz Via Eservice and fax
Attorney at Law
11 Greenway Plaza, Ste. 2820
Houston, TX 77046
Jerry L. Schutza Via Eservice and fax
Attorney at Law
11 Greenway Plaza, Ste. 2820
Houston, TX 77046
H. Miles Cohn Via Eservice and fax
Crain Caton & James, PC
1401 McKinney, Ste. 1700
Houston, TX 77010
Evelyn Wyatt Sent Via CM 7015 0640 0001 3984 1867,
129 Scott St. First Class Mail and Email
San Francisco, CA 94117
By: /s/Brett L. Bigham
Brett L. Bigham
Motion for Withdrawal of Counsel 5