MAR 18, 2024 | REPUBLISHED BY LIT: SEP 3, 2024
SEP 3, 2024
Above is the date LIT Last updated this article.
STRICT COMPLIANCE, LEAD COUNSEL AND AUTHORITY TO ACT
In this appeal you have Mark Hopkins (Hopkins Law) and Danya Gladney (Codilis) initially representing New Residential on appeal, per the court’s docket.
Then, both Hopkins and Gladney seek to withdraw, advising that Baker Donelson are appearing, with 3 named counsel; Stratton, Vesel and Henderson.
On the other side, Ken Harter is representing Legacy and he files a motion to dismiss, arguing mootness as the loan was assigned to Loancare.
Baker don’t reply and then request an extension of time to respond, which is granted.
That motion was filed by Baker Donelson.
All of a sudden, the reply is filed by Gabriella Alonso of Bradley (signing as counsel for New Residential).
She did not make an appearance, nor substitute for Baker.
Bradley also appear as counsel in the reply brief, leaving Baker Donelson in the shade.
Legacy (Harter’s) motion to dismiss is denied.
Now, considering the argument as presented is that it doesn’t matter about who’s the party, New Residential or Loancare, it does matter who formally appears, who is lead counsel and who’s filing responses.
See; Ramirez v. State, NUMBERS 13-14-00171-CR (Tex. App. Aug. 26, 2014);
Winstead v. State, No. 13-12-00589-CR, at *2 (Tex. App. Apr. 15, 2014)
(“We have received no appropriately signed designation of new lead counsel. See id. at R. 6.1(c) (“If a new lead counsel is being designated, both the new attorney and either the party or the former lead counsel must sign the notice.”).”)
The application of “strictness” is clearly optional in the court of appeals when it’s creditor rights and foreclosure mills who are violating the rules and laws.
Attorney Barbara W. Palmer is Commanded to Appear at a Hearing and Provide Proof of Authority to Act
We ORDER the trial court to conduct a hearing to determine whether attorney has standing or legal authority to act as the attorney of record.
Thievin’ Houston Lawyer Clay Vilt Caught Scammin’ $21K in Excess Funds from Decedant’s Estate
Bandit Texas Lawyer Robert C. Vilt was sanctioned the amount he tried to steal. That’s a small price to pay to stay outta jail.
Houston Lawyer Courtney Warren Removed to Judge Ellison’s Federal Court by Despicable Damian Abreo
Courtney Warren, Attorney at Law Office of Courtney Warren PLLC is facing home foreclosure and her lawsuit has been removed to federal court.
