Madison County Associate Judge Clarence Harrison has allowed defendant Thomas Burkart until Oct. 13 to respond to a lawsuit filed against him.
Robert and Elizabeth Wilson's lawsuit filed July 26 seeks to recover proceeds from a jury verdict the Wilsons won more than a decade ago.
The Wilsons claim Burkart represented them in a case that resulted in a $30,000 jury verdict, and that he held onto and then improperly withdrew part of the proceeds from the Bank of Edwardsville.
Gary Meadows, Burkart's attorney, filed a motion Sept. 13 for extension of time to respond to the lawsuit. Meadows was retained recently to represent Burkart and has not had sufficient opportunity to prepare a response, the motion states.
Meadows requested an additional 30 days up to and including Oct. 13 to file a responsive pleading.
Madison County Chief Judge Ann Callis reassigned the case Sept. 12 from Associate Judge Thomas Chapman to Harrison.
The Wilsons on Aug. 24 requested a substitution of judge, claiming that Chapman has a family relationship with Burkart Law Office as Attorney Karen Burkart clerked for former Appellate Justice Charles Chapman.
Burkart is facing off against Associate Judge Kyle Napp for the seat being vacated by retiring Circuit Judge Charles Romani.
Madison County Case 12-L-1152