ACCEPTED
03-14-00148-CV
5647136
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/11/2015 5:00:01 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00148-CV
FILED IN
3rd COURT OF APPEALS
IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS
AUSTIN, TEXAS 6/11/2015 5:00:01 PM
JEFFREY D. KYLE
Clerk
MEHMET TURAN ERKAN,
Appellant,
v.
HABIBE NALAN ERKAN,
Appellee.
MOTION TO WITHDRAW AS CO-COUNSEL
Matthew Kolodoski, attorney for MEHMET TURAN ERKAN, asks the
Court’s permission to withdraw as co-counsel in this appeal.
A. INTRODUCTION
1. Appellant is MERMET TURAN ERKAN; appellee is HABIBE NALAN
ERKAN.
2. Jennifer L. Mathis is presently lead counsel for MERMET TURAN
ERKAN in this appeal. Matthew Kolodoski is presently co-counsel for
MERMET TURAN ERKAN. Jennifer L. Mathis is not withdrawing as counsel
in this case.
3. MERMET TURAN ERKAN has agreed to this motion.
MOTION TO WITHDRAW AS CO-COUNSEL PAGE 1
B. ARGUMENT & AUTHORITIES
4. The Court may permit an attorney to withdraw as counsel on appeal. Tex.
R. App. P. 6.5.
5. Matthew Kolodoski has accepted a position working at the U.S. District
Court for the Northern District of Texas and is not permitted to represent clients
during his employment at his new job. Jennifer L. Mathis is staying on this case
as lead counsel for MERMET TURAN ERKAN.
6. There are no current deadlines or settings in this case.
7. Matthew Kolodoski sent a copy of this motion to MERMET TURAN
ERKAN. Tex. R. App. P. 6.5(a)(3), (b).
8. Matthew Kolodoski informed MERMET TURAN ERKAN of his right to
object to this motion. Tex. R. App. P. 6.5(a)(4). MERMET TURAN ERKAN
has agreed to this motion.
9. Jennifer L. Mathis will still continue to represent MERMET TURAN
ERKAN on appeal and all correspondence should continue to be sent to her as
lead attorney for MERMET TURAN ERKAN.
C. PRAYER
10. For these reasons, Matthew Kolodoski asks the Court to grant this motion
and permit him to withdraw as co-counsel in this appeal.
Respectfully submitted,
/s/ Matthew Kolodoski
Texas Bar Number No. 24081963
matthew@hqattorneys.com
MACKOY HERNANDEZ QUALLS
BROWN & ZAHN, LLP
6017 W. Main Street, Second Floor
Frisco, Texas 75034
Telephone: (214) 387-9056
Facsimile: (214) 387-4910
MOTION TO WITHDRAW AS CO-COUNSEL PAGE 2
CERTIFICATE OF CONFERENCE
The undersigned certifies that he tried contacting Habibe Nalan Erkan, who
is representing herself pro se on appeal, regarding this motion multiple times on
June 11, 2015. However, the telephone number that the undersigned counsel has
for Ms. Erkan states that the “mailbox is full,” so the undersigned is unable to
leave a telephone message. Moreover, the undersigned further states that he has no
email address for Ms. Erkan.
/s/ Matthew Kolodoski
CERTIFICATE OF SERVICE
The undersigned hereby certifies that, pursuant to the Texas Rules of
Appellate Procedure, a true and correct copy of the above and foregoing
instrument was mailed to Appellee on June 11, 2015, at the following address:
Habibe Nalan Erkan
8804 Tallwood Drive
Austin, Texas 78759
/s/ Matthew Kolodoski
MOTION TO WITHDRAW AS CO-COUNSEL PAGE 3