ACCEPTED
04-15-00056-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/17/2015 8:05:44 PM
KEITH HOTTLE
CLERK
No. 04-15-00056-CV
FILED IN
In the Fourth Court of Appeals4thSANCOURT OF APPEALS
ANTONIO, TEXAS
San Antonio, Texas 11/17/2015 8:05:44 PM
KEITH E. HOTTLE
Clerk
GARY HODGE AND ROBERT HART III
Appellants
V.
STEPHEN KRAFT INDIVIDUALLY AND AS MEMBER ON BEHALF OF GRUPO
HABANERO LLC,
Appellee
APPEAL FROM CAUSE NO. D-1-GN-09-001428
225TH JUDICIAL DISTRICT COURT OF BEXAR COUNTY, TEXAS
HON. PETER SAKAI PRESIDING
APPELLANTS’ MOTION TO SUBSTITUTE COUNSEL
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellants Gary Hodge and Robert Hart III file this motion to
substitute counsel in accordance with Texas Rules of Appellate Procedure
6.5 and 10.1. In support of this motion, Appellants respectfully show the
following:
1. Appellants have retained Brandy Wingate Voss to represent
them in this cause and request that all future notices, orders and opinions be
sent to Brandy Wingate Voss at the following address:
Brandy Wingate Voss
State Bar No. 24037046
Smith Law Group LLLP
820 E. Hackberry Ave.
McAllen, Texas 78501
(956) 683-6330
(956) 225-0406 (fax)
brandy@appealsplus.com
2. Accordingly, Roderick J. Regan of the firm Branscomb PC
respectfully requests to be withdrawn and Brandy Wingate Voss be
substituted in as counsel of record for Appellants.
CONCLUSION AND PRAYER
For these reasons, Appellants respectfully request that the Court grant
this motion and substitute new counsel for Appellants. Appellants request all
other appropriate relief to which they are entitled.
Respectfully submitted,
SMITH LAW GROUP LLLP
/s/ Brandy Wingate Voss
Brandy Wingate Voss
State Bar No. 24037046
820 E. Hackberry Ave.
McAllen, Texas 78501
(956) 683-6330
(956) 225-0406 (fax)
brandy@appealsplus.com
Counsel for Appellants
CERTIFICATE OF CONFERENCE
In compliance with Texas Rule of Appellate Procedure 10.1(a)(5), I
certify that on November 17, 2015, I conferred with appellee’s lead counsel,
Richard Espey, about this motion. Mr. Espey informed me that appellee does
not oppose the relief requested in this motion.
/s/ Brandy Wingate Voss
Brandy Wingate Voss
CERTIFICATE OF SERVICE
On November 17, 2015, in compliance with Texas Rule of Appellate
Procedure 9.5, I served this document by e-service and e-mail to:
Richard W. Espey
Matthew Soliday
Espey & Associates, PC
13750 San Pedro Avenue, Suite 730
San Antonio, TX 78232
Fax: (210) 404-0336
respey@lawespey.com
msoliday@lawespey.com
Attorneys for Appellees
Roderick J. Regan
BRANSCOMB | PC
711 Navarro St., Suite 500
San Antonio, TX 78205
Fax: (210) 598-5405
reganssatx@gmail.com
/s/ Brandy Wingate Voss
Brandy Wingate Voss
Gary Hodge and Robert Hart III v. Stephen Kraft Ind. and as Member on Behalf of Grupo Habanero LLC
Combined Opinion