ACCEPTED
03-13-00790-CV
6711349
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/28/2015 5:31:22 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 5:31:22 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 TO WITHDRAW
TO THE HONORABLE JUDGE OF THIS COURT:
Movant Gerald D. McFarlen, respectfully moves the Court to enter an order permitting
his withdrawal as attorney of record for Hugh Long, Defendant herein, and in support show:
1. This motion is based on good cause in that movant’s physical, mental or psychological
condition materially impairs movant’s fitness to represent Appellants/Cross-appellees. Tex.
Discip. R. 1.15 (a)(2). This withdrawal is not sought for delay only but that justice may be
done.
NOTICE TO CLIENT
2. You do not have to agree to this motion. If you wish to contest the withdrawal
of Gerald D. McFarlen and the Law Office of Gerald D. McFarlen, P.C., as your attorney of
record, you should file a response to the motion and serve a copy on the undersigned.
CERTIFICATE OF CONFERENCE
3. Movants have conferred with counsel for Appellees/Cross-appellants in this
action; and they are opposed.
4. Pursuant to Tex. R. Civ. P. 10, movants certify to the following:
a. On August 28, 2015, movant delivered a true copy of this motion to T.
Mark Anderson by email and telefax;
b. By this motion, and by teleconference, Appellees have been notified of
their right to object to this motion;
c. The last known address of Appellants/Cross-appellees is c/o T. Mark
Anderson, 519 Everhart Rd., Corpus Christi, TX 78404.
d. This matter is set for oral argument on Wednesday, September 2, 2015.
5. Appellants/Cross-appellees are not opposed to this motion, but are requesting a
reasonable time to retain and prepare new counsel for submission. A motion for continuance
is being filed contemporaneously with this motion.
6. For the reasons given above, Movant respectfully urges the Court to grant this
Motion to Withdraw.
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
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
Combined Opinion