Evelyn Wyatt v. Cynthia M. Simon, Jerry L. Schutza, Jaikshin S. Bhagia and Nanik S. Bhagia

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ACCEPTED 01-15-00497-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 7/7/2015 1:20:11 PM CHRISTOPHER PRINE CLERK NO. 01-15-00497-CV FILED IN EVELYN WYATT, § IN THE COURT OF APPEALS 1st COURT OF APPEALS § HOUSTON, TEXAS Appellant, § 7/7/2015 1:20:11 PM § CHRISTOPHER A. PRINE V. § FOR THE Clerk FIRST DISTRICT § § CYNTHIA M. SIMON, JERRY L. § SCHUTZA, JAIKSHIN S. BHAGIA § and NANIK S. BHAGIA § Appellees. § AT HOUSTON MOTION FOR WITHDRAWAL OF COUNSEL TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Movant, Brett L. Bigham, Attorney for Appellant, Evelyn Wyatt, (hereinafter Appellant), and brings this Motion for Withdrawal of Counsel, and in support thereof, shows the Court the following: I. Good cause exists for withdrawal of Movant as counsel because Movant is unable effectively to communicate with Appellant in a manner consistent with good attorney-client relations. Specifically, Counsel has been unable to communicate with client regarding handling her appeal. II. Good cause exists for withdrawal of Movant as counsel because Appellant has not complied with the terms of the employment agreement with this attorney. Motion for Withdrawal of Counsel 1 Appellant has failed to comply with the financial terms of the attorney/client agreement. III. The settings and deadlines in this case are as follows: 1. To pay appellate filing fee - July 23, 2015. 2. To file Clerk’s Record - August 3, 2015. IV. This Motion is not sought for the purposes of delay. V. A copy of this motion bearing the enclosed notice has been delivered to the last known address of Appellant. Evelyn Wyatt Sent Via CM 7015 0640 0001 3984 1867, 129 Scott St. First Class Mail and Email San Francisco, CA 94117 Appellant’s telephone number is 415-431-3505. VI. Appellant is hereby notified in writing of the right to object to this motion. WHEREFORE, PREMISES CONSIDERED, Movant prays that the Court enters an order discharging Movant as attorney of record for Appellant, Evelyn Wyatt, and for such other and further relief that may be awarded at law or in equity. Motion for Withdrawal of Counsel 2 Respectfully submitted, Law Offices of Brett L. Bigham, PLLC By: /s/Brett L. Bigham Brett L. Bigham Texas Bar No. 02312720 100 N. College St., Ste. 404 P.O. Drawer B Waxahachie, Texas 75168 Tel. (972)938-9303 Fax. (469)548-6862 Email: brettbigham@yahoo.com Attorney for Evelyn Wyatt Motion for Withdrawal of Counsel 3 Certificate of Conference As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have conferred, or made a reasonable attempt to confer, with all other parties—which are listed below—about the merits of this motion with the following results: Carl T. Schultz Attorney at Law 11 Greenway Plaza, Ste. 2820 Houston, TX 77046 Attorney for Jerry L. Schutza Results: He said that he did not oppose the motion. Jerry L. Schutza Attorney at Law 11 Greenway Plaza, Ste. 2820 Houston, TX 77046 Attorney for Cynthia Simon Results: Did not return my inquiry regarding the motion. H. Miles Cohn Crain Caton & James, PC 1401 McKinney, Ste. 1700 Houston, TX 77010 Attorney for Jerry L. Schutza Results: He said that he did not oppose the motion. Evelyn Wyatt 129 Scott St. San Francisco, CA 94117 Appellant Results: Did not return my inquiry regarding the motion. By: /s/Brett L. Bigham Brett L. Bigham Motion for Withdrawal of Counsel 4 CERTIFICATE OF SERVICE I hereby certify on July 7, 2015 that a true and correct copy of the foregoing Motion for Withdrawal of Counsel has been served as follows: Carl T. Schultz Via Eservice and fax Attorney at Law 11 Greenway Plaza, Ste. 2820 Houston, TX 77046 Jerry L. Schutza Via Eservice and fax Attorney at Law 11 Greenway Plaza, Ste. 2820 Houston, TX 77046 H. Miles Cohn Via Eservice and fax Crain Caton & James, PC 1401 McKinney, Ste. 1700 Houston, TX 77010 Evelyn Wyatt Sent Via CM 7015 0640 0001 3984 1867, 129 Scott St. First Class Mail and Email San Francisco, CA 94117 By: /s/Brett L. Bigham Brett L. Bigham Motion for Withdrawal of Counsel 5