Marvin Glenn Berry and Bonnie Berry as Successor in Interest to Dennis Wayne Berry v. Albert Theodore Powers and Allied Ports LLC

Opinion

ACCEPTED 15-25-00060-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/18/2025 6:49 PM No. 15-25-00060-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS IN THE FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/18/2025 6:49:57 PM CHRISTOPHER A. PRINE MARVIN GLENN BERRY AND BONNIE BERRY Clerk AS SUCCESSOR IN INTEREST TO DENNIS WAYNE BERRY, Appellants, v.

ALBERT THEODORE POWERS AND ALLIED PORTS LLC, Appellees.

From Business Court Division 11A Cause No. 24-BC11A-0025

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEES

TO THE HONORABLE COURT OF APPEALS:

Appellees Albert Theodore Powers and Allied Ports LLC file this unopposed

motion for extension of time to file the brief of Appellees and would show the Court

as follows:

1. The present deadline for filing the brief is August 19, 2025.

2. Appellees seek a 20-day extension, until September 8, 2025, to file the

brief.

3. This is Appellees’ first request for an extension of time to file the brief.

This motion is unopposed.

4. Alistair Dawson, lead counsel for Appellee Albert Theodore Powers,

has been and continued to be engaged in other litigation with imminent deadlines

that have and will prevent him from completing the brief before the present deadline,

detailed as follows:

• Preparation for and attendance at a series of six depositions in Cause No.

2024-30572, Weingarten Nostat, LLC, as Successor in Interest to Weingarten Nostat, Inc., v. Houston Methodist Primary Care Group; in the 55th Judicial District Court of Harris County, Texas, on July 31, 2025, August 1, 2025, August 6, 2025, August 12, 2025, August 15, 2025, and August 19, 2025.

5. Additionally, Mary Kate Raffetto, additional counsel for Mr. Powers in

this appeal, has been and continues to be engaged in other litigation with imminent

deadlines that have and will prevent her from completing the brief before the present

deadline, detailed as follows:

• Preparation of expert disclosures in No. 2024-72766, Covalent Trading Group LLC v. Razorback Direct Oilfield Solutions and Services, LLC, in the 333rd Judicial District Court, Harris County, Texas, due on August 11, 2025, and preparation for depositions in same.

• Preparation of pre-trial filings and expert responses due on August 21, 2025, along with preparation for and attendance at pre-trial conferences on both August 7, 2025 and August 29, 2025, in No. 4-23-CV-03944, Marco Antonio Rodriguez, et al. v. Frez-N-Stor, Inc., et al., in the Southern District of Texas, Houston Division.

• Preparation of the appellant’s brief in No. 14-25-00283-CV, Valerie Lynn Gnadt, as independent executrix of the Estate of Deloris Darlene Moody v. Moody National Bank, in its capacity as executor of The W.L. Moody, IV Estate., in the Fourteenth Court of Appeals, due on August 27, 2025.

6. This motion is not filed for the purpose of delay, but to allow counsel

adequate time to prepare the brief.

7. For these reasons, Appellees respectfully request a twenty-day

extension of time to file the brief, until September 8, 2025.

Respectfully submitted,

BECK REDDEN LLP GREENBERG TRAURIG, LLP

By: /s/ Mary Kate Raffetto By: /s/ Roland Garcia Alistair B. Dawson Roland Garcia State Bar No. 05596100 State Bar No. 07645250 adawson@beckredden.com garciar@gtlaw.com Mary Kate Raffetto Steven Higginbotham State Bar No. 24098296 State Bar No. 24125274 mkraffetto@beckredden.com higginbothams@gtlaw.com M. Jake McClellan 1000 Louisiana Street, Suite 6700 State Bar No. 24109525 Houston, Texas 77002 jmcclellan@beckredden.com Telephone: (713) 374-3500 Madeline E. Gay State Bar No. 24138681 Attorneys for Appellee, mgay@beckredden.com Allied Ports LLC 1221 McKinney, Suite 4500 Houston, Texas 77010-2010 Telephone: (713) 951-3700

Attorneys for Appellee, Albert Theodore Powers

CERTIFICATE OF SERVICE

I hereby certify that on August 18, 2025 a true and correct copy of the foregoing Unopposed Motion for Extension of Time to File Brief of Appellees has been electronically filed and served on all counsel of record.

/s/ Mary Kate Raffetto Mary Kate Raffetto

CERTIFICATE OF CONFERENCE

I hereby certify that I conferred with Douglas A. Allison and Audrey Mullert Vicknair, counsel for Appellants. Appellants are unopposed to the relief requested in this motion.

/s/ Mary Kate Raffetto Mary Kate Raffetto

Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Anna Erickson on behalf of Mary Raffetto Bar No. 24098296 aerickson@beckredden.com Envelope ID: 104528964 Filing Code Description: Motion Filing Description: Unopposed Motion for Extension of Time to File Brief of Appellees Status as of 8/19/2025 7:02 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Michael R.Absmeier mabsmeier@gibbsbruns.com 8/18/2025 6:49:57 PM SENT

Melanie McClenathen mmcclenathen@jw.com 8/18/2025 6:49:57 PM SENT

Rosa Brennan rbrennan@gibbsbruns.com 8/18/2025 6:49:57 PM SENT

Adam Aston 24045423 aaston@jw.com 8/18/2025 6:49:57 PM SENT

Roxanne Graham rgraham@gibbsbruns.com 8/18/2025 6:49:57 PM SENT

Michelle Bultman MBultman@gibbsbruns.com 8/18/2025 6:49:57 PM SENT

Jesse Crochet jcrochet@beckredden.com 8/18/2025 6:49:57 PM SENT

Sydney Ballesteros sballesteros@gibbsbruns.com 8/18/2025 6:49:57 PM SENT

Cameron Roth CRoth@gibbsbruns.com 8/18/2025 6:49:57 PM SENT

Barrett Reasoner breasoner@gibbsbruns.com 8/18/2025 6:49:57 PM SENT

Roland Garcia garciar@gtlaw.com 8/18/2025 6:49:57 PM SENT

Alistair Dawson adawson@beckredden.com 8/18/2025 6:49:57 PM SENT

Audrey Vicknair avicknair@vicknairlaw.com 8/18/2025 6:49:57 PM SENT

Douglas Allison doug@dallisonlaw.com 8/18/2025 6:49:57 PM SENT

Bruce Baldree bbaldree@gibbsbruns.com 8/18/2025 6:49:57 PM SENT

Audrey Vicknair avicknair@vicknairlaw.com 8/18/2025 6:49:57 PM SENT

Douglas Allison doug@dallisonlaw.com 8/18/2025 6:49:57 PM SENT

Anna Erickson aerickson@beckredden.com 8/18/2025 6:49:57 PM SENT

Charlie Henke chenke@henkelawfirm.com 8/18/2025 6:49:57 PM SENT

Joel Glover jglover@jw.com 8/18/2025 6:49:57 PM SENT