ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

APOLLO COATING RCS, INC. AND APOLLO, INC.

APPELLANTS

V.

BROOKRIDGE FUNDING CORP.

APPELLEE

CA01-1415

July 3, 2002

APPELLEE'S ATTORNEYS' MOTION TO BE RELIEVED AS ATTORNEYS OF RECORD

DENIED WITHOUT PREJUDICE

Appellee's attorneys have moved to be relieved as attorneys of record in this case because, they allege, appellee "has failed and refused to pay counsel's retainer and has indicated that it will not pay." While the attorneys state that they are holding no funds belonging to appellee, there is no indication in the motion or the certificate of service that they have notified their client of their request to withdraw, no indication that sufficient time remains before appellee's brief is due to allow for employment of other counsel, and no statement that the attorneys have delivered or stand ready to tender to appellee all papers and property to which appellee is entitled. See Ark. R. Civ. P. 64(b). Consequently, we deny the motion without prejudice to the filing of a proper motion within fourteen days. Appellee's brief time is extended to August 21, 2002.