ACCEPTED

03-13-00790-CV

8310659

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/18/2015 4:18:16 PM

JEFFREY D. KYLE

CLERK

No. 03-13-00790-CV 

IN THE COURT OF APPEALS 

FOR THE THIRD DISTRICT OF TEXAS 

AUSTIN, TEXAS 

T. MARK ANDERSON, AS CO-EXECUTOR OF THE 

ESTATE OF TED M. ANDERSON, AND CHRISTINE 

ANDERSON, AS CO-EXECUTOR OF THE ESTATE OF TED 

M.ANDERSON 

v. 

RICHARDT. ARCHER, DAVID R. ARCHER, CAROL 

ARCHER BUGG, JOHN V. ARCHER, KAREN ARCHER 

BALL, AND SHERRI ARCHER 

OPPOSED MOTION TO ALLOCATE TIME FOR 

ORAL ARGUMENT 

Scott R. Kidd 

State Bar No. 11385500 

512-330-1713 

scott@kiddlawaustin.com 

Scott V. Kidd 

State Bar No. 24065556 

512-542-9895 

svk@kiddlawaustin.com 

KIDD LAW FIRM 

819 West 11th Street 

Austin, TX 78701 

512-330-1709 (fax) 

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/18/2015 4:18:16 PM JEFFREY D. KYLE Clerk
No. 03-13-00790-CV 

IN THE COURT OF APPEALS 

FOR THE THIRD DISTRICT OF TEXAS 

AUSTIN, TEXAS 

T. MARK ANDERSON, AS CO-EXECUTOR OF THE 

ESTATE OF TED M. ANDERSON, AND CHRISTINE 

ANDERSON, AS CO-EXECUTOR OF THE ESTATE OF TED 

M.ANDERSON 

v. 

RICHARDT. ARCHER, DAVID R. ARCHER, CAROL 

ARCHER BUGG, JOHN V. ARCHER, KAREN ARCHER 

BALL,ANDSHERRIARCHER 

OPPOSED MOTION TO ALLOCATE TIME FOR 

ORAL ARGUMENT 

Come now Appellants/Cross-Appellees T. Mark Anderson and 

Christine Anderson, as Co-Executors of the Estate of Ted Anderson 

("Andersons") and file this motion to allocate the time for oral 

argument. 

1. On August 4, 2015, this Court notified the parties that this cause 

was set for oral argument on September 2, 2015. 

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2. At that time, the Court noted that in past cross-appeals, the 

standard time allotment had been 10 minutes for appellants' opening, 

15 minutes for appellees/cross-appellants' response and issues on 

cross-appeal, 10 minutes for appellants'jcross-appellees' rebuttal and 

response to cross-appeal, and 5 minutes for cross-appellants' rebuttal. 

3. On August 17, 2015, Appellees/Cross-Appellants ("the Archers") 

filed a Motion to Allocate Time for Oral Argument. The basis of the 

motion was that the Andersons had not timely filed a brief to the crossappeal and therefore were not entitled to oral argument on the crossappeal under TRAP 39.1. 

4. The Andersons did not file a response to the motion to allocate 

time for argument. On August 26, 2015, the court granted the Archers' 

motion to allocate time for oral argument and allocated 15 minutes for 

appellants' opening, 15 minutes for Appellees' response, 5 minutes for 

Appellants' rebuttal, and 5 minutes for Appellees'/Cross-Appellees' 

issues on cross-appeal. 

5. On August 28, 2015, the Andersons' attorney Gerald McFarlen 

filed his motion to withdraw on the basis that his physical, mental or 

psychological condition materially impaired his fitness to represent the 

Andersons in this appeal. The Court granted that motion on September 

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2, 2015. McFarlen had previously filed a motion to continue the oral 

argument from its September 2, 2015 setting, which motion the Court 

granted on August 31, 2015. 

6. The Andersons' present counsel filed his motion to substitute 

attorneys on November 6, 2015. Immediately following the granting of 

the motion to substitute by the Court, the Andersons filed their motion 

for leave to file Cross-Appellees Brief and tendered that CrossAppellees' Brief at that time. The Archers opposed the motion for leave 

to file the Cross-Appellees' Brief. On December 8, 2015, the Court 

granted the Andersons' motion for leave to file the Andersons' CrossAppellees' Brief and the brief was filed on that date. 

7. The Court has now set this case for oral argument on January 27, 

2016. Since the Andersons' Cross-Appellees' Brief has now been filed by 

leave of Court, the basis for the present allocation of time for oral 

argument no longer exists. The Court should allocate time for oral 

argument according to its customary practice by allocating 10 minutes 

for appellants' opening, 15 minutes for appellees' response and issues 

on cross-appeal, 10 minutes for appellants'jcross-appellees' rebuttal 

and response, and 5 minutes for cross-appellants' rebuttal. 

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8. The purpose of oral argument is to clarify the written arguments 

in the briefs and to respond to questions from the Court. This is to 

assist the Court in reaching a proper resolution of the issues on appeal. 

Under the current time allocation, the Andersons are allocated no time 

to address the issues in the cross-appeal. Inasmuch as the Andersons' 

brief on the cross-appeal has been filed with leave of Court, the reason 

for the current allocation of argument time no longer exists. 

Accordingly, the court should allocate the time as is customary in crossappeals so that the Andersons can clarify arguments made in their brief 

on the cross-appeal and respond to the Court's questions regarding the 

cross-appeal. 

WHEREFORE, the Andersons pray that the Court grant this 

motion and allocate the time for oral argument 10 minutes for 

appellants' opening; 15 minutes for appellees' I cross-appellants' 

response and issues on cross-appeal; 10 minutes for appellants'fcrossappellees' rebuttal and response; and 5 minutes for cross-appellants' 

rebuttal. 

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KIDD LAW FIRM 

819 West 11th Street 

Austin, TX 78701 

512-330-1709 (fax) ,.. 

4f!f!¢M 

State Bar No. 11385500 

512-330-1713 

scott@kiddlawaustin.com 

Scott V. Kidd 

State Bar No. 24065556 

512-542-9895 

svk@kiddlawaustin.com 

Certificate of Conference 

Appellants' counsel has consulted with Appellees' counsel 

'""""·ning thl, motlon ondAppellee I'~ 

SCR.Kidd 

Certificate of Service 

A copy of this motion was served on Laurie Ratliff by fax this 18th 

day of December, 2015. 

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