Zachary J. Williams v. Max B. Mutia ( 2022 )

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Zachary J. Williams v. Max B. Mutia Appellate case number: 01-19-00340-CV Trial court case number: 15-DCV-227230 Trial court: 434th District Court of Fort Bend County On April 15, 2022, Anh P. Nguyen filed a motion to substitute as counsel of record for appellee Max B. Mutia in the above-referenced appeal. After its plenary power expires, this Court has no jurisdiction to take any action on a case unless expressly authorized by the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 19.3(a)–(d). We issued our judgment in this appeal on August 24, 2021, and neither appellant nor appellee filed a motion for rehearing, motion for en banc reconsideration, or a motion to extend the time to file such a motion. Accordingly, our plenary power expired on October 25, 2021, and none of the permitted post-plenary power bases set forth in Rule 19.3 apply to the motion to substitute counsel. See TEX. R. APP. P. 19.1(a), 19.3. Absent plenary power, attorney Nguyen’s motion to substitute as counsel of record for appellee Max B. Mutia must be dismissed for lack of jurisdiction. It is so ORDERED. Judge’s signature: /s Amparo Guerra Acting individually Date: April 26, 2022