NO. 03-15-00428-CV 

________________________________________________________________________ 

IN THE COURT OF APPEALS 

FOR THE THIRD DISTRICT OF TEXAS 

AT AUSTIN 

________________________________________________________________________ 

BERNARD MORELLO, 

Appellant,

v.

THE STATE OF TEXAS, 

Appellee. 

_______________________________________________________________________ 

On Appeal from Cause No. D-1-GV-06-000627 

353RD Judicial District Court, Austin, Texas 

The Honorable Rhonda Hurley 

________________________________________________________________________

JURANEK LAW FIRM, PLLC, AND JAMES JURANEK’S PARTIALLY 

UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR BERNARD 

MORELLO AND TO SUBSITTUTE LAPEZE & JOHNS, PLLC AS LEAD 

COUNSEL 

________________________________________________________________________ 

TO THE HONORABLE COURT OF APPEALS: 

 The Juranek Law Firm, PLLC and James Juranek (collectively “Movants”) file 

this partially unopposed motion to withdraw as lead counsel for Appellant Bernard 

Morello, and in support thereof would respectfully show the Court the following: 

1. Basis for motion. Movants file this Motion to withdraw from 

representation of this appeal under Texas Rule of Appellate Procedure 6.5. 

2. Withdrawal with Substitution of Counsel. This Motion is for 

withdrawal with substitution of counsel. Lapeze & Johns, PLLC, and Keith Lapeze, 

ACCEPTED

03-15-000428-cv

7816354

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/13/2015 11:09:51 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/13/2015 11:09:51 AM JEFFREY D. KYLE Clerk
current co-counsel for Appellant, will continue acting as counsel for Appellant. 

3. Good cause for withdrawal. The rules governing withdrawal require a 

showing of “good cause,” and courts have looked to the grounds identified in Texas 

Disciplinary Rule 1.15 for the bases for withdrawal. See In re A.R., 236 S.W.3d 460, 474 

(Tex. App.—Dallas 2007, no pet.). Subsection (b) of Disciplinary Rule 1.15 lists specific 

instances under which an attorney may seek to withdraw. Included among those 

instances are where “the client fails substantially to fulfill an obligation to the lawyer 

regarding the lawyer’s services, including an obligation to pay the lawyer’s fee as agreed, 

and has been given reasonable warning that the lawyer will withdraw unless the 

obligation is fulfilled.” TEX. DISCIPLINARY R. PROF’L CONDUCT, § 1.15(b)(5), reprinted 

in TEX. GOV’T CODE ANN, tit. 2, subtit. G, app. A (Vernon 1998). 

Movants undertook representation of Appellant on good faith and without 

requiring payment of a retainer; however, Movants’ fees and expenses have yet to be 

paid. Movants spoke with Appellant approximately 3 weeks prior to filing this motion 

and advised that unless payment was made, Movants would be forced to withdraw from 

the case. To date, Movants’ have not been paid their legal fees or expenses incurred to 

date on this appeal. Accordingly, Movants submit that good cause exists to permit their 

withdrawal as counsel in this matter. See In re Daniels, 138 S.W.3d 31, 35 (Tex. App.—

San Antonio 2004, orig. proceeding) (finding that counsel established good cause to 

withdraw where client failed to pay outstanding legal fees). 

4. Client Notification. Appellant has been notified via first class mail, 

certified mail, and hand delivery of the right to object to the relief sought in this motion. 
Such notice has been sent to the following last known address of Appellant: Bernard J. 

Morello, 5100 San Felipe, Unit 78E, Houston, TX 77056. 

Respectfully submitted, 

JURANEK LAW FIRM, PLLC 

 ______________________ 

By: JAMES JURANEK

State Bar No. 24026888 

111 N. Ennis 

Houston, Texas 77003 

(713) 229-0699 

(888) 626-6596 (fax) 

james@jjfirm.com

 

CERTIFICATE OF CONFERENCE

The undersigned contact Appellant’s counsel (Craig Pritzlaff) about the contents 

of this motion and the relief requested. Mr. Pritzlaff advised that Appellee is unopposed 

to the relief sought. Appellant has not indicated whether he opposes Movants’ 

withdrawal in this matter. 

 

 __________________________ 

 James Juranek 

 
CERTIFICATE OF SERVICE 

 I hereby certify that a true and correct copy of the foregoing instrument was 

forwarded to Appellees’ Counsel via the electronic filing manager pursuant to Texas Rule 

of Appellate Procedure 9.2, on this 13th day of November, 2015. 

Lead Counsel for Appellees 

Craig J. Pritzlaff 

Assistant Attorney General 

P.O. Box 12548, MC-066 

Austin, TX 78711 

512.320.0911 (Fax) 

_____________________________ 

 James Juranek