Connie Vasquez Harrison v. Clifford Layne Harrison, 2012 Tex. App. LEXIS 3285

Connie Harrison sought a divorce from Clifford Harrison; the case was set for jury trial reset to March 2010 after earlier proceedings in 2008.
Nass withdrew as Connie’s counsel 40 days before the jury trial, citing nonpayment of fees; Connie opposed the withdrawal.
The trial court granted Nass’s withdrawal and ordered mediation; Connie moved for a continuance to obtain new counsel, which was denied.
Connie attempted to obtain interim fees and to reconsider the denial of continuance; Clifford opposed, amicus Hughes supported readiness for trial.
The case proceeded to a jury trial in March–April 2010; the jury found both parties jointly conservators and awarded damages for two assaults; a final divorce decree was entered June 21, 2010.
Connie appeals asserting that the denial of the continuance after withdrawal was an abuse of discretion; the court ultimately reverses the denial and remands for a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by denying a continuance after counsel withdrew	Harrison argues withdrawal was not caused by her fault	Layne Harrison contends court acted within discretion given history and lack of interim fees	Yes, abuse of discretion; remand for new trial

Villegas v. Carter, 711 S.W.2d 624 (Tex. 1986) (withdrawal requires time to secure new counsel; denial reversible when fault is not shown)
Crank, 666 S.W.2d 91 (Tex. 1984) (trial court acted within discretion when counsel withdrawn voluntarily with notice)
Gillie v. Boulas, 65 S.W.3d 219 (Tex. App.—Dallas 2001) (four months to secure new counsel favored trial court's discretion; timing matters)
Van Sickle v. Stroud, 467 S.W.2d 509 (Tex. Civ. App.—Fort Worth 1971) (no fault shown for failure to secure counsel; discretion to deny continuance)
In re A.R., 236 S.W.3d 460 (Tex. App.—Dallas 2007) (limits on withdrawal; considering good cause and duties of counsel)