ACCEPTED
03-14-00714-CV
3654803
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/5/2015 4:10:35 PM
JEFFREY D. KYLE
CLERK
Cause No. 03-14-00714-CV
FILED IN
IN THE AUSTIN COURT OF APPEALS 3rd COURT OF APPEALS
AUSTIN, TEXAS
1/5/2015 4:10:35 PM
JEFFREY D. KYLE
On Appeal from the 98th Judicial District Court of Travis CountyClerk
Cause Number No. D-1-GN-12-002467
KEVIN TARR,
Appellant,
v.
LANTANA SOUTHWEST HOMEOWNERS’ ASSOCIATION, INC.,
Appellee.
AGREED MOTION FOR LEAVE TO WITHDRAW AS COUNSEL OF RECORD
Paul Simon (“Simon”), on behalf of himself and Simon Herbert & McClelland, LLP
(the “Firm”), under Rule 6.5 of the Texas Rules of Appellate Procedure, file this Agreed
Motion for Leave to Withdraw as Counsel of Record, and ask that this Court allow them
to withdraw as attorneys for Appellant, Kevin Tarr (herein, “Appellant”). Simon and the
Firm are collectively referred to as the “Movants.”
Currently, Appellant’s Brief is due on or before Wednesday, January 14, 2015,
although, contemporaneous to the filing of this Motion, Appellant is filing an Agreed
Motion to Extend that deadline by 30 days, and Appellee, Lantana Southwest
Homeowners’ Association, Inc., has agreed to that extension. See Tex. R. App. P. 6.5(a)(1).
There are no other known deadlines.
Appellant’s last known address is 7817 Oteka Cove, Austin, Texas 78735-1825, and
his last known telephone number is (512) 633-1745. See Tex. R. App. P. 6.5(a)(2).
A draft of this Motion was delivered to Appellant before it was filed, and a copy of
this Motion will be delivered to Appellant upon the filing of it with this Court. See Tex. R.
App. P. 6.5(a)(3).
Appellant has been notified that he has the right to object to the relief sought by this
Motion. See Tex. R. App. P. 6.5(a)(4).
PRAYER
Based on the foregoing, Movants respectfully request that this Court grant this
Agreed Motion for Leave to Withdraw as Counsel of Record, and allow Simon and the
Firm to withdraw as counsel for Appellant in this appeal.
Respectfully submitted,
SIMON HERBERT & MCCLELLAND, LLP
By: /s/ Paul Simon
Paul Simon
State Bar No. 24003276
Rachel Berkley
State Bar No. 24082684
3411 Richmond Avenue, Suite 400
Houston, Texas 77046
(713) 987-7100 (phone)
(713) 987-7120 (fax)
ATTORNEYS FOR APPELLANT,
KEVIN TARR
-2-
CERTIFICATE OF CONFERENCE
I certify that, on January 5, 2015, I conferred with counsel for Appellee, and he has
AGREED to the relief sought herein. I have also conferred with my client, and he has
AGREED to the relief sought herein.
/s/ Paul Simon
Paul Simon
CERTIFICATE OF SERVICE
I hereby certify that, on January 5, 2015, a copy of the foregoing was delivered in a
manner prescribed by the Texas Rules of Appellate Procedure to:
Via Email: ggodkin@rmwbhlaw.com
Greg Godkin
Roberts Markel Weinberg Butler Hailey PC
111 Congress Plaza, Suite 1620
Austin, Texas 78701
Attorney for Appellee, Lantana
Southwest Homeowners’ Ass’n, Inc.
Via Email: kevin_tarr@yahoo.com; CMRRR # 7014 1200 0001 9112 1338; &
Regular Mail
Mr. Kevin Tarr
7817 Oteka Cove
Austin, Texas 78735-18252
Appellant
/s/ Paul Simon
Paul Simon
-3-