Bernard Morello v. State ( 2015 )

ACCEPTED
03-15-000428-cv
7816354
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/13/2015 11:09:51 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00428-CV
________________________________________________________________________
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE THIRD DISTRICT OF TEXAS 11/13/2015 11:09:51 AM
AT AUSTIN JEFFREY D. KYLE
________________________________________________________________________
Clerk
BERNARD MORELLO,
Appellant,
v.
THE STATE OF TEXAS,
Appellee.
_______________________________________________________________________
On Appeal from Cause No. D-1-GV-06-000627
353RD Judicial District Court, Austin, Texas
The Honorable Rhonda Hurley
________________________________________________________________________
JURANEK LAW FIRM, PLLC, AND JAMES JURANEK’S PARTIALLY
UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR BERNARD
MORELLO AND TO SUBSITTUTE LAPEZE & JOHNS, PLLC AS LEAD
COUNSEL
________________________________________________________________________
TO THE HONORABLE COURT OF APPEALS:
The Juranek Law Firm, PLLC and James Juranek (collectively “Movants”) file
this partially unopposed motion to withdraw as lead counsel for Appellant Bernard
Morello, and in support thereof would respectfully show the Court the following:
1. Basis for motion. Movants file this Motion to withdraw from
representation of this appeal under Texas Rule of Appellate Procedure 6.5.
2. Withdrawal with Substitution of Counsel. This Motion is for
withdrawal with substitution of counsel. Lapeze & Johns, PLLC, and Keith Lapeze,
current co-counsel for Appellant, will continue acting as counsel for Appellant.
3. Good cause for withdrawal. The rules governing withdrawal require a
showing of “good cause,” and courts have looked to the grounds identified in Texas
Disciplinary Rule 1.15 for the bases for withdrawal. See In re A.R., 236 S.W.3d 460, 474
(Tex. App.—Dallas 2007, no pet.). Subsection (b) of Disciplinary Rule 1.15 lists specific
instances under which an attorney may seek to withdraw. Included among those
instances are where “the client fails substantially to fulfill an obligation to the lawyer
regarding the lawyer’s services, including an obligation to pay the lawyer’s fee as agreed,
and has been given reasonable warning that the lawyer will withdraw unless the
obligation is fulfilled.” TEX. DISCIPLINARY R. PROF’L CONDUCT, § 1.15(b)(5), reprinted
in TEX. GOV’T CODE ANN, tit. 2, subtit. G, app. A (Vernon 1998).
Movants undertook representation of Appellant on good faith and without
requiring payment of a retainer; however, Movants’ fees and expenses have yet to be
paid. Movants spoke with Appellant approximately 3 weeks prior to filing this motion
and advised that unless payment was made, Movants would be forced to withdraw from
the case. To date, Movants’ have not been paid their legal fees or expenses incurred to
date on this appeal. Accordingly, Movants submit that good cause exists to permit their
withdrawal as counsel in this matter. See In re Daniels, 138 S.W.3d 31, 35 (Tex. App.—
San Antonio 2004, orig. proceeding) (finding that counsel established good cause to
withdraw where client failed to pay outstanding legal fees).
4. Client Notification. Appellant has been notified via first class mail,
certified mail, and hand delivery of the right to object to the relief sought in this motion.
Such notice has been sent to the following last known address of Appellant: Bernard J.
Morello, 5100 San Felipe, Unit 78E, Houston, TX 77056.
Respectfully submitted,
JURANEK LAW FIRM, PLLC
______________________
By: JAMES JURANEK
State Bar No. 24026888
111 N. Ennis
Houston, Texas 77003
(713) 229-0699
(888) 626-6596 (fax)
james@jjfirm.com
CERTIFICATE OF CONFERENCE
The undersigned contact Appellant’s counsel (Craig Pritzlaff) about the contents
of this motion and the relief requested. Mr. Pritzlaff advised that Appellee is unopposed
to the relief sought. Appellant has not indicated whether he opposes Movants’
withdrawal in this matter.
__________________________
James Juranek
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument was
forwarded to Appellees’ Counsel via the electronic filing manager pursuant to Texas Rule
of Appellate Procedure 9.2, on this 13th day of November, 2015.
Lead Counsel for Appellees
Craig J. Pritzlaff
Assistant Attorney General
P.O. Box 12548, MC-066
Austin, TX 78711
512.320.0911 (Fax)
_____________________________
James Juranek