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 ( 2015 )


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  •                                                                                                  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.
    

Document Info

Docket Number: 03-13-00790-CV

Filed Date: 5/8/2015

Precedential Status: Precedential

Modified Date: 9/29/2016