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Loper v. Smith Corona6/21/2000
Loper's contention that his suit was improperly dismissed because Smith Corona's motion to dismiss was not filed by the attorney of record is without merit. Kevin Parks, who filed the motion, and Angela Hoyt, the attorney of record, were both associated with Thompson and Knight. Parks filed the motion on April 1, 1999, and then on April 19, 1999, filed a notice of change of attorney. Loper has failed to demonstrate how the late notice of change of attorney prejudiced him. He does not contend that he was unable to communicate with opposing counsel regarding his case. Cf. Spellmon v. Collins, 970 S.W.2d 578, 580 (Tex.App.--Houston [14th Dist.] 1998, no pet.) (holding the trial court did not abuse its discretion in failing to impose sanctions for attorney's failure to file formal documents requesting substitution of counsel). Issue one is overruled.
Accordingly, the judgment of the trial court is affirmed.
Do not publish.
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