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
Opinion
ACCEPTED 03-13-00790-CV 5216415 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/8/2015 3:30:06 PM JEFFREY D. KYLE CLERK No. 03-13-00790 CV
~~ ~~J~:!e:~~~he estate of § IN THE THIRD FILED IN § 3rd COURT OF APPEALS AUSTIN, TEXAS Ted 4derson, and § 5/8/2015 3:30:06 PM Christine Anderson, § JEFFREY D. KYLE as co-Jxecutor of the estate of § Clerk Ted Anderson, Appellants § § v. § COURT OF APPEALS § Richa~d T. Archer, David § B. Archer, Carol Archer § Bugg, John V. Archer, § Karen Archer Ball, and § Sherri Archer, Appellees § AUSTIN, TEXAS
CROSS-APPELLEES' FOURTH MOTIO TO EXTEND TIME TO FILE BRIEF
Cross-Appellees ask the Court to extend e time to file their brief.
1. Cross-Appellees are T. Mark Anderson, s co-executor of the estate of Ted I Ander on, and Christine Anderson, as co executor of the estate of Ted
Ander on. Cross Appellants are Richard T. Archer, David R. Archer, Carol
Archr Bugg, John V. Archer, Karen Archer all, and Sherri Archer.
2. ~ere is no specific deadline to file this otion to extend time. See Tex. R.
App. P. 38.6(d).
B. Ar ument & A thorities
3. The Court has the authority under Te as Rule of Appellate Procedure 38.6(d) to extend the time to file a brief.
4. Ct ss-Appellees brief is due on May 8, 2 15.
5. C~oss-Appellees request an extension to tle their brief, extending the time until May 22, 20 15.
7. doss-Appellees need additional time to file their brief for the following reasods:
I Perrnal and family medical problems hav interfered with counsel's ability
to complete the brief. Attached as exhibit A i a letter from counsel's physician.
Coun, el has made arrangements for assistanc with his solo practice because of
these ralth problems.
8. No further extensions will be requested.
C. Certificate of C nference
9.,rior to filing this motion, counsel for ross-Appellees contacted counsel
for Gross-Appellants to discuss this mater, and Appellees oppose this 1.
extensiOn.
10. For the above reasons, Cross-appell es ask the Court to grant an
extension of time to file their brief until May 2, 2015.
R spectfully submitted,
TH LAW OFFICE OF GE LD D. MCFARLEN, PC 28 abra Oaks Road Bo me, TX 78006 Ph ne: (830) 331-8554 Fa : (210) 568-4305 E ail: gmcfarlen@mcfarlenlaw.com
B /s/ Gerald D. McFarlen GERALD D. McF ARLEN State Bar No. 13604500
FOR CROSS
Verificatio
CDn the 8th day of May, personally ap eared Gerald D. McFarlen, who,
being first duly sworn, upon his oath stated he is the attorney for Cross-appellees,
that he is familiar with the facts stated in the a ove motion, and they are within his
knowledge and true and correct.
Subscribed and sworn to before me this 4th day of September, 2014.
CERTIFICATE OF
I tlo hereby certify that on the 8th day of ay, 2015, a true and correct copy of the f~regoing motion was furnished to all co nsel of record in accordance with the Tex1s Rules of Civil Procedure.
Lrurie Ratliff I~ard, Golden, Jones, P.C. 40I 0 West 15th Street, Suite 975 ~ustin, Texas 78701 AJ.TTORNEYS FOR APPELLEES/CRO S APPELLANTS
Is/ Geral D. McFarlen GERAL D. McFARLEN
Christopher B. Ticknor, MD
1202 E. Sonterra Blvd, Suite 202 San Antonio, Texas 78258 Ph: 210.692.7775 fax: 210.615.6966
Re: Gerald D. McFarlen May 8, 2015
To Whom This May Concern:
Mr. Gerald McFarlen is a patient under my medical care. His medical conditions have recently made necessary diagnostic medical tests and changes in medications.
I would respectfully request that he be accommodated in having additional time to meet deadlines in his practice of law as his conditions, required medical treatment and care necessitate some degree of interference with his usual activities and time schedule.
If you have questions, please do not hesitate to contact me. Thank you for your consideration.
Sincerely,
Signed electronically.
Christopher B. Ticknor, M.D.
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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 (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) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.