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 OFAPPEALS FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS
T. MARKANDERSON, 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, JOHNV. ARCHER, KARENARCHER BALL, AND SHERRIARCHER
OPPOSED MOTION TOALLOCATE TIME FOR ORAL

### ARGUMENT Scott R. Kidd State BarNo. 11385500 512-330-1713 

### scott@kiddlawaustin.com ScottV. Kidd State BarNo. 24065556 512-542-9895 

### svk@kiddlawaustin.com KIDD LAW 

### FIRM 819 

### West 11th 

### Street Austin, TX 78701 512-330-1709 (fax)

### No. 03-13-00790-CV


### IN THE COURT OFAPPEALS FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS
T. MARKANDERSON, 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, JOHNV. ARCHER, KARENARCHER BALL,ANDSHERRIARCHER
OPPOSED MOTION TOALLOCATE 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 setfor oral argumenton September2, 2015.

22. 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 responseto 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 thatthe Andersons had nottimely filed a briefto the crossappeal and therefore were not entitled to oral argument on the crossappeal underTRAP 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 representthe Andersons in this appeal. The Court grantedthatmotion on September
32, 2015. McFarlen had previously filed a motion to continue the oral argument from its September 2, 2015 setting, which motion the Court granted onAugust 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' Briefatthattime. The Archers opposedthe 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' Briefandthebriefwas filed onthatdate. 7. The Court has now setthis case for oral argument on January 27, 2016. SincetheAndersons' Cross-Appellees' Briefhas nowbeenfiled 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 andresponse, and 5 minutes for cross-appellants' rebuttal.

48. The purpose oforal 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 ofthe 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' briefon the cross-appeal has been filed with leave ofCourt, 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 thattheAndersons can clarify arguments made in theirbrief
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'

### Icross-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 819West 11th Street Austin, TX 78701 512-330-1709 (fax) ,.. 

# 4f!f!¢M
State Bar No. 11385500 512-330-1713 scott@kiddlawaustin.com ScottV. Kidd StateBar No. 24065556 512-542-9895 svk@kiddlawaustin.com Certificate ofConference Appellants' counsel has consulted with Appellees' counsel 

### '""""·ningthl,

### motlon ondAppellee**I'~** 

# SCR.Kidd CertificateofService A copy ofthis motion was served on Laurie Ratliffbyfax this 18th dayofDecember, 2015.

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