in Re Denise Marie Ramos ( 2022 )

Fourth Court of Appeals San Antonio, Texas November 14, 2022 No. 04-22-00647-CV IN RE Denise Marie RAMOS Original Mandamus Proceeding1 ORDER Sitting: Luz Elena D. Chapa, Justice Beth Watkins, Justice Lori I. Valenzuela, Justice On September 30, 2022, relator Denise Ramos filed a petition for writ of mandamus. Believing a serious question concerning the mandamus relief sought required further consideration, we requested respondent and real party in interest Reynaldo Esparza Jr. file a response in this court on or before November 2, 2022.2 No responses were filed. On November 7, 2022, attorney Denise Martinez filed a motion to withdraw as counsel for Esparza.3 The motion does not satisfy the requirements of Texas Rule of Appellate Procedure 6.5. See TEX. R. APP. P. 6.5(a), (b). Specifically, the motion lists the response deadline as pending when, in fact, the time for Esparza to file a response, absent extension, has expired. Likewise, the motion represents a hearing is set and Esparza may appear to contest the withdrawal at the hearing. No such hearing is set for this matter in this court. Accordingly, we DENY WITHOUT PREJUDICE attorney Denise Martinez’s motion to withdraw. We ORDER attorney Denise Martinez to file a motion that fully satisfies Texas Rule of Appellate Procedure 6.5 November 21, 2022. We further ORDER the clerk of this court to send a copy of Denise Martinez’s motion to withdraw, Ramos’s reply and objection to the motion, and this order to Reynaldo Esparza Jr. at 1 This proceeding arises out of Cause No. 2018-CI-21009, styled In the Matter of the Marriage of Denise Marie Ramos and Reynaldo Esparza Jr, pending in the 166th Judicial District Court, Bexar County, Texas, the Honorable Laura Salinas presiding. 2 Responses were due 15 days beginning on the date Ramos filed a supplemental appendix, which was filed on October 18, 2022. 3 On November 9, 2022, Ramos filed a response and objection to attorney Denise Martinez’s withdrawal arguing, among other things, that the motion did not satisfy the requirements of Texas Rule of Appellate Procedure 6.5. See TEX. R. APP. P. 6.5(a), (b). 6230 Dove Hill Drive, San Antonio Texas 78238; PO Box 1443 Lytle, Texas 78052; and rayesparza77@gmail.com. It is so ORDERED on November 14, 2022. PER CURIAM ATTESTED TO: ________________________ MICHAEL A. CRUZ, CLERK OF COURT