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

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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