T. Mark Anderson, as Co-Executor of the Estate of Ted Anderson, and Christine Anderson, as Co-Executor of the Estate of Ted Anderson//Cross-Appellants, David R. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer v. Richard T. Archer, David R. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer//Cross-Appellees, T. Mark Anderson, Co-Executor of the Estate of Ted Anderson, and Christine Anderson, as Co-Executor
ACCEPTED
03-13-00790-CV
6711306
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/28/2015 5:29:28 PM
JEFFREY D. KYLE
CLERK
No. 03-13-00790-CV
T. Mark Anderson, § IN THE THIRD
FILED IN
as co-executor of the estate of § 3rd COURT OF APPEALS
AUSTIN, TEXAS
Ted Anderson, and §
8/28/2015 5:29:28 PM
Christine Anderson, § JEFFREY D. KYLE
as co-executor of the estate of § Clerk
Ted Anderson, Appellants §
§
v. § COURT OF APPEALS
§
Richard T. Archer, David §
B. Archer, Carol Archer §
Bugg, John V. Archer, §
Karen Archer Ball, and §
Sherri Archer, Appellees § AUSTIN, TEXAS
MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF THIS COURT:
Appellants/Cross-appellees, Movants, hereby urge the Court to continue
oral argument and submission of this case, and in support show:
1. Oral argument is set for September 2, 2015.
2. Movants seek a continuance of 30 days to allow them to retain new
counsel. Appellants’ current counsel has personal health conditions which have
become disabling and incompatible with continuation of proper representation
of Movants herein. A Motion to Withdraw is filed contemporaneously
herewith. Movants do not oppose the motion to withdraw as long as they have
a reasonable time to allow their substitute counsel opportunity to prepare.
3. This withdrawal is not sought for delay only but that justice may be done.
CERTIFICATE OF CONFERENCE
4. Movants have conferred with counsel for Appellees/Cross-
appellants in this action; and they are opposed.
5. For the above reasons, Movants request the Court to continue
submission of this case and reset oral argument for thirty days, or as soon
thereafter as the Court can hear the matter.
Respectfully submitted,
THE LAW OFFICE OF
GERALD D. MCFARLEN, PC
28 Fabra Oaks Road
Boerne, TX 78006
Phone: (830) 331-8554
Fax: (210) 568-4305
Email: gmcfarlen@mcfarlenlaw.com
BY: /s/ Gerald D. McFarlen
GERALD D. McFARLEN
State Bar No. 13604500
ATTORNEYS FOR CROSS
APPELLEES
CERTIFICATE OF SERVICE
I do hereby certify that on the 28th day of August, 2015, a true and correct
copy of the foregoing motion was furnished to all counsel of record in accordance
with the Texas Rules of Civil Procedure.
.
Laurie Ratliff
Ikard, Golden, Jones, P.C.
400 West 15th Street, Suite 975
Austin, Texas 78701
ATTORNEYS FOR APPELLEES/CROSS APPELLANTS
/s/ Gerald D. McFarlen
GERALD D. McFARLEN