(jarl ^Bcu/a/wA/ <$c ^A&wciiite& 3i '/i&uranc& ^yLpaiaf' <Ss£a/dc&Aed 450 CR 3419 Emory, Texas 75440 &74 Phone:(903)473-2275 i:-orA?PE^£oipus Christi: (361) 855-9356 "ODsass District July 28, 2017

Hon. Pam Estes

Clerk, Twelfth Court ofAppeals

1517 West Front Street

Tyler, TX 75702 Re: Case No. 12-16-00258-CV; Sherry Lynn Badalichand Carl Badalich v. First National Bank ofWinnsboro.

Dear Ms. Estes:

We are inreceipt ofyour July 27, 2017 letter advising that Attorney Volberding's Motion to Withdraw was granted. I received his motion Monday, July 24, 2017, and it appears the Court granted his motion before 1could respond.

The purpose of this letter is to urge the court to not cancel the oral argument set for September. We agree with Attorney Volberding's statementthat the case is "fact intensive" and oral argument would be helpful to the Court in reaching the correct decision.

It is our intention to pay Attorney Volberding in full with the hope that he will resume representing us. We have already paid him some $17,000 for just his legal services, not including the several hundred dollars we paid for associated costs. We urge that this shows our good faith. If he will not resume his representation, we intend to hire another lawyer to handle the oral argument. Attorney Volberding's withdrawal does not diminish the need for oral argument in the case.

Forthese reasons, we respectfully urge thecourt to leave the scheduled oral argument on its calendar.

Very truly yours, cijr uuiy y\juii>,

M uTBadalich

Car

/s/

Sherry Badalich

cc: Mr. James w. Volberding