No. 04-17-00009-CV.


Court of Appeals of Texas, Fourth District, San Antonio.

Attorney(s) appearing for the Case

David Omar Gonzalez , Barbara Dean Hendricks, for Barbara Dean Hendricks, Appellee.

Chad M. Ruback , for Ruth Dean Brillhart, Appellant.


IRENE RIOS, Justice.

On January 27, 2017, appellee's retained lawyer, David Towler, filed a motion to withdraw as appellate counsel. Appellee, Barbara Dean Hendricks responded on February 8, 2017, stating she does not oppose Towler's withdrawal and requesting that this Court take judicial notice of several evidentiary items.

Based upon appellee's lack of opposition, Towler's motion to withdraw is granted. Appellee is advised that upon withdrawal of counsel, she will proceed pro se unless she retains replacement counsel. Withdrawal of appellate counsel does not relieve appellee from complying with the Rules of Appellate Procedure or from timely filing her brief. Here, the clerk's record and the reporter's record are not yet filed. There is not yet a deadline for the briefs to be filed.

We, therefore, GRANT Towler's motion to withdraw. Towler must ensure compliance with the requirements of Texas Rule of Appellate Procedure 6.5 and must file all required notices with the court clerk. Appellee's motion for this Court to take judicial notice is DENIED.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of February, 2017.


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