ACCEPTED
03-14-00117-CV
3873795
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/23/2015 10:13:43
JEFFREY D. KYLE
CLERK
NO. 03-14-00117-CV
NASH JESUS GONZALES and § FILED IN
IN THE COURT OF APPEALS
3rd COURT OF APPEALS
GONZALES & GONZALES, P.C., § AUSTIN, TEXAS
Appellants § 1/23/2015 10:13:43 AM
V. § THIRD JUDICIAL DISTRICT
JEFFREY D. KYLE
§ Clerk
MARISSA ANN GONZALES §
Appellee § AUSTIN, TEXAS
MOTION FOR SUBSTITUTION OF COUNSEL
Marissa A. Maggio (f/k/a Marissa Ann Gonzales), Appellee, requests the
Court's permission to substitute counsel for this appeal, and would show as
follows:
INTRODUCTION
1. Appellant is Nash Jesus Gonzales and Gonzales & Gonzales, PC.
Appellee is Marissa A. Maggio (f/k/a Marissa Ann Gonzales).
2. Michael Burnett is currently lead counsel for Appellee.
3. Appellee and Michael Burnett request that C. Wilson Shirley III,
Jessica M. Hall and the firm of SAVRICK, SCHUMANN, JOHNSON, MCGARR,
KAMINSKI & SHIRLEY, LLP, be substituted in as counsel for this appeal.
4. Appellants' counsel agrees with this Motion to Substitute.
5. Appellee consents to this Motion as reflected by her signature below.
ARGUMENTS AND AUTHORITY
6. The Court may substitute C. Wilson Shirley III, Jessica M. Hall and
the firm of SAVRICK, SCHUMANN, JOHNSON, McGARR, KAMINSKI & SHIRLEY, LLC
for Michael Burnett as lead counsel in this appeal. TEX. R. APP. P. 6.5.
7. Substitution of counsel is necessary because Michael Burnett recently
announced he is changing law firms. The new law firm where Michael Burnett
will be working has a conflict of interest in this case in that the new law firm
previously represented Appellant Nash Jesus Gonzales. Such a conflict prohibits
Michael Burnett from continuing his representation of Appellee.
8. The necessary information for Appellee's new counsel is as follows:
C. Wilson Shirley III
State Bar No. 0079564 7
Jessica M. Hall
State Bar No. 24046348
SAVRICK, SCHUMANN, JOHNSON, MCGARR,
KAMINSKI & SHIRLEY, LLP
The Overlook at Gaines Ranch
4330 Gaines Ranch Loop, Suite 150
Austin, Texas 78735
512-347-1604
512-347-1676 Facsimile
Email: Wilson@ssjmlaw.com
Email: JHall@ssjmlaw.com
PRAYER
Appellee Marissa A. Maggio and Michael Burnett pray that this Court grant
this Motion, and that C. Wilson Shirley III, Jessica M. Hall and the firm of
SAvrucK, SCHUMANN, JoHNSON, McGARR, KAMINSKI & SHIRLEY, LLC be
substituted in as counsel for Appellee in this case on appeal.
Respectfully submitted,
ARMBRUST & BROWN, PLLC
~~J=
State Bar No. 00790399
100 Congress, Suite 1300
Austin, Texas 78701
512-435-2315
512-435-2360- Fax
Email: mburnett@abaustin.com
SAvrucK, ScHUMANN, JoHNsoN, McGARR,
KAMINSKI & SHIRLEY, LLP
~Jessica M. Hall
State Bar No. 24046348
The Overlook at Gaines Ranch
4330 Gaines Ranch Loop, Suite 150
Austin, Texas 78735
512-347-1604
512-347-1676 Facsimile
Email: Wilson@ssjmlaw.com
Email: JHall@ssimlaw.com
AGREED
~ flk/a Marissa Ann Gonzales
CERTIFICATE OF CONFERENCE
I certifY that I have conferred with Thomas Cowart, counsel for Appellants,
by email correspondence and he has agreed and is unopposed to this Motion for
Substitution.
CERTIFICATE OF SERVICE
I certifY that a true and correct copy of this Motion for Substitution of
Counsel has been served on the following via the Efile system on this _ ~RY of
January, 2015: f.~'~
Thomas B. Cowart
Wasoff & Cowart, PLLC
100 North Central Expressway, Suite 901
Richardson, Texas 75080
Email: tom@tcowart.com