ACCEPTED 12-15-00169-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 10/7/2015 2:42:11 PM Pam Estes CLERK
C.A. NO. 12-1S-00170-CV
FILED IN IN THE 12th COURT OF APPEALS TYLER, TEXAS 10/7/2015 2:42:11 PM COURT OF APPEALS FOR THE STATE OF TEXAS PAM ESTES TWELFTH SUPREME JUDICIAL DISTRICT Clerk
TYLER, TEXAS
LINDA ANN PARRISH RICHARDSON and GARY BRUCE RICHARDSON, CO-TRUSTEES OF THE M. C. PARRISH, JR. TESTAMENTARY TRUST et aI, APPELLANTS VS. DONALD ROGER MILLS et aI, APPELLEES
ON APPEAL FROM THE DISTRICT COURT OF NACOGDOCHES COUNTY, TEXAS 14STH JUDICIAL DISTRICT OF TEXAS
APPELLANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE COURT OF APPEALS:
Linda Ann Parrish Richardson and Gary Bruce Richardson, Co-Trustees of the
M. C. Parrish, Jr. Testamentary Trust, Margaret Wilson Reckling and James Cooke Wilson, Individually and as Co-Independent Executors ofthe Estate of Betty Virginia
Kiley Wilson, Deceased, and as Co-Trustees of All Trusts Created under the Will of
Betty Virginia Kiley Wilson, Judy Cleveland Huppert, Janie Granger Spicer, John
K. Hardy, Anne E. Davison, Individually and as Executor of the Estate of Thomas S.
Davison, Deceased, Mary Gail Thomas Campbell, John Turner Nevitt, Sr., and
Clytie Harris Thomas Phelps (collectively "Parrish Trust Parties") and Ransom Clark
Lummis, Frederick R. Lummis Ii, Palmer Bradley Lummis, Robert L. Bradley, Jr.,
and William R. Lummis, Jr. (collectively "Lummis Parties"), Appellants, file this
Application for Extension of Time to File Brief. In support, Appellants show this
Court as follows:
I.
This is an appeal by Appellants of the Final Judgment, Order Overruling
Defendants' Motion to Reopen Case and to Correct Stipulation, and Order Overruling
Defendants' Motion for Trial Amendment or Amendment to Conform to Issues Tried
without Objection, all of which were signed on March 30,2015, and entered in Cause
No. Cl127605, Donald Roger Mills etal vs. EOG Resources, Inc. et al, by the 145th
District Court of Nacogdoches County, Texas.
II.
Appellants' brief is due to be filed in this Court on or before October 15, 2015.
-2- III.
This is the first request filed by Appellants for an extension of time within
which to file their brief.
IV.
Appellants request an extension to November 16, 2015, within which to file
their brief.
V.
Appellants' brief will be a j oint brief and pursuant to the understanding and
agreement between Parrish Trust Parties and Lummis Parties, Richard Merrill,
counsel for Parrish Trust Parties, has been tasked with primary responsibility for
drafting Appellants' brief. Both of the undersigned counsel have had various and
numerous commitments to handle matters, including litigation matters, for other
clients prior to October 15,2015, which have interfered with and impeded both of the
undersigned counsels' ability to complete in a timely and effective manner
Appellants' brief in this appeal. In addition, Mr. Merrill had out of state trips
scheduled for the periods of September 30th through October 4th and again from
October 13th past October 15t,\ the date this brief is due, both of which were
scheduled in mid-July, 2015 and involved the payment by Mr. Merrill of various
nonrefundable expenses. Because of such trips and due to the various and numerous
-3- commitments to handle matters, including litigation matters, for other clients during
the thirty (30) day period following the filing of the reporter's record in this appeal,
Mr. Merrill will be unable to complete in a timely and effective manner Appellants'
brief in this appeal by its original due date.
VI.
Richard Merrill certifies that he has discussed this Motion with Jeffrey Bates,
one of the counsel for Appellees, and that, on behalf of Appellees, Mr. Bates consents
to this Court granting the extension requested herein by Appellants and does not
oppose this Motion. Attached is a copy of the e-mail exchange between Mr. Bates
and Mr. Merrill disclosing Appellees' and their counsels' consent.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellants move this Court to
extend the deadline on which they must file their brief so that Appellants will have
to November 16,2015 to file Appellants' brief. . 'ft..- Dated this L day of October, 2015.
-4- Respectfully submitted,
FABIO AND MERRILL I J), \ By: ~ iChafdLMerrill TBA #13963500 Twelve Greenway Plaza, Suite 101 Houston, TX 77046-1208 Tel. No.: (713) 961-0408 Fax No.: (713) 961-2934 E-mail: rmerrill@fabiomerrill.com ATTORNEY FOR APPELLANTS PARRISH TRUST PARTIES
BOWEN FIRM
By: />-'/ Be-vv!:j D~ B~ Berry Dunbar Bowen SBOT# 02721050 3014 Brazos Street Houston, TX 77006 Tel. No.: (713) 521-3525 Fax No.: (713) 521-3575 E-mail: berrybowen@comcast.net ATTORNEY FOR APPELLANTS LUMMIS PARTIES
-5- VERIFICATION
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared RlCHARD
L. MERRILL, who, being by me first duly sworn, upon his oath stated that he is attorney of
record for Appellants Parrish Trust Parties in the above and foregoing Motion, that he has
prepared and read the above and foregoing Motion, and that the statements and facts therein
contained are true and correct to the best of his knowledge.
Q~!?~ Richard L. Merrill it, SUBSCRlBED AND SWORN TO/BEFORE ME this i2__ day of October, 2015.
MARIA ISABEL OUVO MY COMMISSIONEXPIRES Man:h 11,2016 ~y~ Notary Public in and for the State of Texas
-6- CERTIFICATE OF SERVICE
This will certify that on this G -rt day of October, 2015, a true copy of the
foregoing has been served in a manner authorized by the Texas Rules of Appellate
Procedure upon the following counsel:
William D. Guidry Jeffrey B. Bates Guidry, Bates & Hoyt Attorney's, L.L.P. 118 East Hospital St. Ste. 100 P.O. Box 631178 Nacogdoches, Texas 75963 Fax: (936) 560-5996 E-mail: billguidry@gbhattomeys.com bates@gbhattomeys.com
Richard L. Merrill
-7- Page 1 of 1
Subj: RE: Parrish Trust et al VS. Mills et al appeal, C.A. NO. 12-15-00170-CV Date: 10/7/201510:01:43 A.M. Central Daylight Time From: bates@gbhattorneys.com To: FABIOMERRL@aol.com
No problem at all. Agreed.
Jeff Bates Guidry, Bates & Hoyt 118 E. Hospital, Suite 100 Nacogdoches, Texas 75961 936/560-6954 phone 936/560-5996 fax
From: FABIOMERRL@aol.com[mailto:FABIOMERRL@aol.com] Sent: Tuesday, October 06, 20154:54 PM To: bates@gbhattorneys.com Subject: Parrish Trust et al VS. Mills et al appeal, C.A. NO. 12-15-00170-CV
Jeff,
I am not going to be able to finish the appellants' brief by its due date of October 15th. After I got back from Russia at the end of August, I have had a jury trial, another case which was set for trial but got reset at the last minute (but not sufficiently far in advance to keep me from having had to prepare for trial), as well as a ton of other client work which has had to be finalized due to various deadlines. I also was out of the office most of last week and will be out of the office starting next Tuesday for a week, both of which had been on my calendar for the last 3-4 months. I therefore am asking if I can list you not only as unopposed to the motion but also as giving your consent to the court's granting of my motion to extend the deadline for filing the appellants' brief to Monday, November 16,2015.
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ACCEPTED 12-15-00169-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 10/7/2015 2:42:11 PM Pam Estes CLERK
C.A. NO. 12-1S-00170-CV
FILED IN IN THE 12th COURT OF APPEALS TYLER, TEXAS 10/7/2015 2:42:11 PM COURT OF APPEALS FOR THE STATE OF TEXAS PAM ESTES TWELFTH SUPREME JUDICIAL DISTRICT Clerk
TYLER, TEXAS
LINDA ANN PARRISH RICHARDSON and GARY BRUCE RICHARDSON, CO-TRUSTEES OF THE M. C. PARRISH, JR. TESTAMENTARY TRUST et aI, APPELLANTS VS. DONALD ROGER MILLS et aI, APPELLEES
ON APPEAL FROM THE DISTRICT COURT OF NACOGDOCHES COUNTY, TEXAS 14STH JUDICIAL DISTRICT OF TEXAS
APPELLANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE COURT OF APPEALS:
Linda Ann Parrish Richardson and Gary Bruce Richardson, Co-Trustees of the
M. C. Parrish, Jr. Testamentary Trust, Margaret Wilson Reckling and James Cooke Wilson, Individually and as Co-Independent Executors ofthe Estate of Betty Virginia
Kiley Wilson, Deceased, and as Co-Trustees of All Trusts Created under the Will of
Betty Virginia Kiley Wilson, Judy Cleveland Huppert, Janie Granger Spicer, John
K. Hardy, Anne E. Davison, Individually and as Executor of the Estate of Thomas S.
Davison, Deceased, Mary Gail Thomas Campbell, John Turner Nevitt, Sr., and
Clytie Harris Thomas Phelps (collectively "Parrish Trust Parties") and Ransom Clark
Lummis, Frederick R. Lummis Ii, Palmer Bradley Lummis, Robert L. Bradley, Jr.,
and William R. Lummis, Jr. (collectively "Lummis Parties"), Appellants, file this
Application for Extension of Time to File Brief. In support, Appellants show this
Court as follows:
I.
This is an appeal by Appellants of the Final Judgment, Order Overruling
Defendants' Motion to Reopen Case and to Correct Stipulation, and Order Overruling
Defendants' Motion for Trial Amendment or Amendment to Conform to Issues Tried
without Objection, all of which were signed on March 30,2015, and entered in Cause
No. Cl127605, Donald Roger Mills etal vs. EOG Resources, Inc. et al, by the 145th
District Court of Nacogdoches County, Texas.
II.
Appellants' brief is due to be filed in this Court on or before October 15, 2015.
-2- III.
This is the first request filed by Appellants for an extension of time within
which to file their brief.
IV.
Appellants request an extension to November 16, 2015, within which to file
their brief.
V.
Appellants' brief will be a j oint brief and pursuant to the understanding and
agreement between Parrish Trust Parties and Lummis Parties, Richard Merrill,
counsel for Parrish Trust Parties, has been tasked with primary responsibility for
drafting Appellants' brief. Both of the undersigned counsel have had various and
numerous commitments to handle matters, including litigation matters, for other
clients prior to October 15,2015, which have interfered with and impeded both of the
undersigned counsels' ability to complete in a timely and effective manner
Appellants' brief in this appeal. In addition, Mr. Merrill had out of state trips
scheduled for the periods of September 30th through October 4th and again from
October 13th past October 15t,\ the date this brief is due, both of which were
scheduled in mid-July, 2015 and involved the payment by Mr. Merrill of various
nonrefundable expenses. Because of such trips and due to the various and numerous
-3- commitments to handle matters, including litigation matters, for other clients during
the thirty (30) day period following the filing of the reporter's record in this appeal,
Mr. Merrill will be unable to complete in a timely and effective manner Appellants'
brief in this appeal by its original due date.
VI.
Richard Merrill certifies that he has discussed this Motion with Jeffrey Bates,
one of the counsel for Appellees, and that, on behalf of Appellees, Mr. Bates consents
to this Court granting the extension requested herein by Appellants and does not
oppose this Motion. Attached is a copy of the e-mail exchange between Mr. Bates
and Mr. Merrill disclosing Appellees' and their counsels' consent.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellants move this Court to
extend the deadline on which they must file their brief so that Appellants will have
to November 16,2015 to file Appellants' brief. . 'ft..- Dated this L day of October, 2015.
-4- Respectfully submitted,
FABIO AND MERRILL I J), \ By: ~ iChafdLMerrill TBA #13963500 Twelve Greenway Plaza, Suite 101 Houston, TX 77046-1208 Tel. No.: (713) 961-0408 Fax No.: (713) 961-2934 E-mail: rmerrill@fabiomerrill.com ATTORNEY FOR APPELLANTS PARRISH TRUST PARTIES
BOWEN FIRM
By: />-'/ Be-vv!:j D~ B~ Berry Dunbar Bowen SBOT# 02721050 3014 Brazos Street Houston, TX 77006 Tel. No.: (713) 521-3525 Fax No.: (713) 521-3575 E-mail: berrybowen@comcast.net ATTORNEY FOR APPELLANTS LUMMIS PARTIES
-5- VERIFICATION
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared RlCHARD
L. MERRILL, who, being by me first duly sworn, upon his oath stated that he is attorney of
record for Appellants Parrish Trust Parties in the above and foregoing Motion, that he has
prepared and read the above and foregoing Motion, and that the statements and facts therein
contained are true and correct to the best of his knowledge.
Q~!?~ Richard L. Merrill it, SUBSCRlBED AND SWORN TO/BEFORE ME this i2__ day of October, 2015.
MARIA ISABEL OUVO MY COMMISSIONEXPIRES Man:h 11,2016 ~y~ Notary Public in and for the State of Texas
-6- CERTIFICATE OF SERVICE
This will certify that on this G -rt day of October, 2015, a true copy of the
foregoing has been served in a manner authorized by the Texas Rules of Appellate
Procedure upon the following counsel:
William D. Guidry Jeffrey B. Bates Guidry, Bates & Hoyt Attorney's, L.L.P. 118 East Hospital St. Ste. 100 P.O. Box 631178 Nacogdoches, Texas 75963 Fax: (936) 560-5996 E-mail: billguidry@gbhattomeys.com bates@gbhattomeys.com
Richard L. Merrill
-7- Page 1 of 1
Subj: RE: Parrish Trust et al VS. Mills et al appeal, C.A. NO. 12-15-00170-CV Date: 10/7/201510:01:43 A.M. Central Daylight Time From: bates@gbhattorneys.com To: FABIOMERRL@aol.com
No problem at all. Agreed.
Jeff Bates Guidry, Bates & Hoyt 118 E. Hospital, Suite 100 Nacogdoches, Texas 75961 936/560-6954 phone 936/560-5996 fax
From: FABIOMERRL@aol.com[mailto:FABIOMERRL@aol.com] Sent: Tuesday, October 06, 20154:54 PM To: bates@gbhattorneys.com Subject: Parrish Trust et al VS. Mills et al appeal, C.A. NO. 12-15-00170-CV
Jeff,
I am not going to be able to finish the appellants' brief by its due date of October 15th. After I got back from Russia at the end of August, I have had a jury trial, another case which was set for trial but got reset at the last minute (but not sufficiently far in advance to keep me from having had to prepare for trial), as well as a ton of other client work which has had to be finalized due to various deadlines. I also was out of the office most of last week and will be out of the office starting next Tuesday for a week, both of which had been on my calendar for the last 3-4 months. I therefore am asking if I can list you not only as unopposed to the motion but also as giving your consent to the court's granting of my motion to extend the deadline for filing the appellants' brief to Monday, November 16,2015.
I know that Bill is out of the country on his vacation and I hope he is having a wonderful time. Otherwise, I would have addressed this email to him. However, I need to go ahead and file my motion before he returns to the States and would appreciate a prompt response from you.
Obviously, I will extend the same courtesies to Bill and you with regard to approving an extension should you need one for filing of your brief.
Thanks,
Richard L. Merrill Fabio & Merrill Twelve Greenway Plaza, Suite 101 Houston, Texas 77046-1208 telephone: 713-961-0408 fax: 713-961-2934 l/IIWW.fabioandmerrill.com
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Wednesday, October 7,2015 AOL: FABIOMERRL