ACCEPTED 03-16-00855-CV 14452482 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/27/2016 12:08:10 PM JEFFREY D. KYLE CLERK

FILED IN NO. 03-16-00855-CV 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEALS 12/27/2016 12:08:10 PM JEFFREY D. KYLE Clerk 3RD JUDICIAL DISTRICT AUSTIN, TEXAS ___________________

In re Mark Peltier and Jonna Peltier, Appellants ___________________

MOTION FOR WITHDRAWAL OF COUNSEL

JAMIE GRAHAM & ASSOCIATES, PLLC Jamie L. Graham State Bar No. 24027335 Audrey E. Manriquez State Bar No. 24029704 Tower Life Building S. St. Mary's St., Suite 2500 San Antonio, Texas 78205 Tel: (210) 308-6448 Fax: (210) 308-5669 E-mail: [email protected] Attorneys for Appellants TO THE HONORABLE COURT OF APPEALS: 1. This Motion for Withdrawal of Counsel is brought by Jamie L. Graham and Audrey E. Manriquez of JAMIE GRAHAM & ASSOCIATES, PLLC, who are attorney of record for Jonna Peltier and James Mark Peltier. Jamie L. Graham and Audrey E. Manriquez of JAMIE GRAHAM & ASSOCIATES, PLLC request the Court to grant them permission to withdraw as attorney for Jonna Peltier and James Mark Peltier in this case.

2. Good cause exists for withdrawal of Jamie L. Graham and Audrey E.

Manriquez of JAMIE GRAHAM & ASSOCIATES, PLLC as counsel, in that they are unable to effectively communicate with Jonna Peltier and James Mark Peltier in a manner consistent with good attorney-client relations.

3. A copy of this motion has been delivered to Jonna Peltier and James Mark Peltier, who are hereby notified in writing of their right to object to this motion.

Jonna Peltier and James Mark Peltier have not consented to the motion.

4. The last known address of Jonna Peltier and James Mark Peltier is 1621 Mikula Place, New Braunfels, Texas, 78130, and the last known phone number of Jonna Peltier and James Mark Peltier is (830) 822-4066.

5. The pending settings and deadlines in this case are as follows: 1) Fees Due in 3rd Court of Appeals- December 27, 2016

Motion for Withdrawal of Counsel: Peltier Page 2 2) Docketing Statement Due in the 3rd Court of Appeals- December 27, 2016 3) Clerk’s Record Due in the 3rd Court of Appeals- February 7, 2017 4) Court reporter’s Record Due in the 3rd Court of Appeals- February 7, 2017 5) (Trial Court) Hearing on Motion for Enforcement in the Comal County Courthouse Annex, 150 N. Seguin Street, New Braunfels, Texas on December 30, 2016 at 9:00 a.m.

6. The following hearings have been held in this case and have been recorded by the court reporters set forth below:

Type of Date of Transcript Transcript Court Reporter’s Hearing Hearing Requested? Received? Name, Address, Tel. No. Motion to 07/10/2015 Yes Yes Dana Dance, 105 N.

Modify Seguin, Suite 301, Temporary New Braunfels, Orders Texas 78130 Motion for 09/15/2016 No No Dana Dance, 105 N.

Enforcement of Seguin, Suite 301, Possession or New Braunfels, Access Texas 78130 Order of 12/09/2016 Yes No Dana Dance, 105 N.

Enforcement by Seguin, Suite 301, Contempt New Braunfels, Texas 78130

Motion for Withdrawal of Counsel: Peltier Page 3 7. On entry of an order granting this motion and discharging Movants as attorney of record for Jonna Peltier and James Mark Peltier, Movants will provide Jonna Peltier and James Mark Peltier with the originals of all of Jonna Peltier and James Mark Peltier’s discovery responses and documents Jonna Peltier and James Mark Peltier have produced in response to discovery requests.

Notice to Client You are hereby notified that this Motion for Withdrawal of Counsel has been filed in the 3rd Court of Appeals. You do not have to agree to this motion. If you wish to contest the withdrawal of Jamie L. Graham and Audrey E. Manriquez of JAMIE GRAHAM & ASSOCIATES, PLLC as your attorney, you have a right to object.

If you do not oppose Jamie L. Graham and Audrey E. Manriquez of JAMIE GRAHAM & ASSOCIATES, PLLC’S withdrawal as your attorney, you may notify Jamie L.

Graham and Audrey E. Manriquez of JAMIE GRAHAM & ASSOCIATES, PLLC in writing of your consent to this motion.

Motion for Withdrawal of Counsel: Peltier Page 4 Prayer Jamie L. Graham and Audrey E. Manriquez of JAMIE GRAHAM & ASSOCIATES, PLLC pray that the Court enter an order discharging them as attorney of record for Jonna Peltier and James Mark Peltier.

Respectfully Submitted, JAMIE GRAHAM & ASSOCIATES, PLLC Tower Life Building S. St. Mary’s St., Suite 2500 San Antonio, Texas 78205 Tel. (210) 308-6448 Fax (210) 308-5669

By:/s/ Jamie L. Graham Jamie L. Graham State Bar No. 24027335 Audrey E. Manriquez State Bar No. 24029704 Attorney for Respondents [email protected]

Motion for Withdrawal of Counsel: Peltier Page 5 Certificate of Service I certify that a true copy of this Motion for Withdrawal of Counsel was served in accordance with Rule 9.5 and Rule 6.5 of the Texas Rules of Appellate Procedure on each party or that party's lead counsel as follows: Via Facsimile @ 830-626-1414 The Bettersworth Law Firm W. Faust Street New Braunfels, Texas 78130 Tel: 830-606-0404 Fax: 830-626-1414 Via First Class and Certified Mail Jonna Peltier and James Mark Peltier 1621 Mikula Place New Braunfels, Texas, 78130 /s/ Jamie L. Graham Jamie L. Graham Audrey E. Manriquez

Motion for Withdrawal of Counsel: Peltier Page 6