Home/Court of Appeals of Texas/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

Court of Appeals of Texas·Decided August 28, 2015·No. 03-13-00790-CV·Published

Opinion

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

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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, (Tex. Ct. App. 2015).

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.