Neighborhood Centers Inc. v. Doreatha Walker ( 2015 )

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.
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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counsel be allowed to withdraw and no longer represent Ms.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.
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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.
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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
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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
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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
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