Opinion

Elizabeth Dauz v. Xochitl Valdez, Frontier Title Company-WH, L.L.C., Thai Klam, Team 360, LLC, Himarani Sivarajan

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jul 25, 2016
Status
Published
Cited by
0 cases

The opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Elizabeth Dauz v. Xochitl Valdez, Frontier Title Company-WH,

L.L.C., Thai Klam, Team 360, LLC, Himarani Sivarajan

Appellate case number: 01-15-00831-CV

Trial court case number: 2014-29743

Trial court: 125th District Court of Harris County

On July 22, 2016, Xochitl Valdez’s counsel filed a motion to withdraw, claiming

nonpayment for services since September 2015. Counsel states in the motion that she sent a copy

of this motion to Valdez and received no reply. Counsel further states that if Valdez wishes to

contest, she should request a hearing on the matter. This is not the correct procedure for contesting

a motion in the appellate court.

Rule 10.1(b) permits a party to respond to a motion before the Court rules on it. See TEX.

R. APP. P. 10.1(b). Under Rule 10.3(a), a court should wait until 10 days after a motion is filed to

rule on that motion unless there is no opposition to the motion, the motion is an emergency, or the

motion is for an extension of time to file a brief or other documents. See id. at 10.3(a). Thus, if

Valdez wishes to oppose the motion to withdraw, she should file a written response in this Court

on or before August 1, 2016 explaining why she opposes the motion. If she does not oppose the

motion, she should describe whether she believes she will be able to file her brief by August 16,

2016.

It is so ORDERED.

Judge’s signature: /s/ Harvey Brown

 Acting individually  Acting for the Court

Date: July 25, 2016

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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