Gary Hodge and Robert Hart III v. Stephen Kraft Ind. and as Member on Behalf of Grupo Habanero LLC

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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 Accordingly, Roderick J. Regan of the firm Branscomb PC respectfully requests to be withdrawn and Brandy Wingate Voss be substituted in as counsel of record for Appellants.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