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 9/8/2025 1:40 PM No. 15-25-00060-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS IN THE FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 9/8/2025 1:40:57 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

SECOND 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 second

unopposed motion for extension of time and would show the Court as follows:

1. Appellees seek an 18-day extension, until September 26, 2025, to file

the brief.

2. This is Appellees’ second request for an extension of time to file the

brief. This motion is unopposed.

3. Lead counsel for Appellee Albert Theodore Powers, Alistair B.

Dawson, unexpectedly passed away on August 30, 2025.

4. Mr. Powers respectfully requests an extension so that he may identify

new lead counsel and so that new lead counsel will have sufficient time to participate

in the process of preparing the brief.

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

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:

6. Preparation of pre-trial filings and expert responses filed 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, and preparation for trial in that matter.

7. Preparation of several discovery briefs and preparation for a hearing related to same on August 28, 2025, in No. 2025-27753, Gerard Pusch, et al. v. Chi-hung David Nguyen, et al, in the 281st Judicial District Court, Harris County, Texas, and additional briefing in that matter due on September 10, 2025.

8. Preparation of a response to a mandamus petition in No. 01-25-

00552-CV, In re Hilcorp Energy Co., in the First Court of Appeals, for which Mr. Dawson also served as lead counsel, and for which an extension motion is pending.

9. Preparation of the appellants’ 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, filed on September 5, 2025.

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

adequate time to prepare the brief.

11. For these reasons, Appellees respectfully request an eighteen-day

extension of time to file the brief, until September 26, 2025.

Respectfully submitted,

BECK REDDEN LLP GREENBERG TRAURIG, LLP

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

Attorneys for Appellee, Albert Theodore Powers

CERTIFICATE OF SERVICE

I hereby certify that on September 8, 2025 a true and correct copy of the foregoing Second 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 Audrey Mullert Vicknair, counsel for Appellants. Appellants are unopposed to the relief requested in this motion. Counsel thanks Appellants and their counsel for their kindness and condolences in the wake of Mr. Dawson’s passing.

/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: 105330246 Filing Code Description: Motion Filing Description: Second Unopposed Motion for Extension of Time to File Brief of Appellees Status as of 9/8/2025 1:56 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Michael R.Absmeier mabsmeier@gibbsbruns.com 9/8/2025 1:40:57 PM SENT

Melanie McClenathen mmcclenathen@jw.com 9/8/2025 1:40:57 PM SENT

Rosa Brennan rbrennan@gibbsbruns.com 9/8/2025 1:40:57 PM SENT

Adam Aston 24045423 aaston@jw.com 9/8/2025 1:40:57 PM SENT

Roxanne Graham rgraham@gibbsbruns.com 9/8/2025 1:40:57 PM SENT

Michelle Bultman MBultman@gibbsbruns.com 9/8/2025 1:40:57 PM SENT

Jesse Crochet jcrochet@beckredden.com 9/8/2025 1:40:57 PM SENT

Sydney Ballesteros sballesteros@gibbsbruns.com 9/8/2025 1:40:57 PM SENT

Cameron Roth CRoth@gibbsbruns.com 9/8/2025 1:40:57 PM SENT

Barrett Reasoner breasoner@gibbsbruns.com 9/8/2025 1:40:57 PM SENT

Roland Garcia garciar@gtlaw.com 9/8/2025 1:40:57 PM SENT

Alistair Dawson adawson@beckredden.com 9/8/2025 1:40:57 PM SENT

Audrey Vicknair avicknair@vicknairlaw.com 9/8/2025 1:40:57 PM SENT

Douglas Allison doug@dallisonlaw.com 9/8/2025 1:40:57 PM SENT

Bruce Baldree bbaldree@gibbsbruns.com 9/8/2025 1:40:57 PM SENT

Audrey Vicknair avicknair@vicknairlaw.com 9/8/2025 1:40:57 PM SENT

Douglas Allison doug@dallisonlaw.com 9/8/2025 1:40:57 PM SENT

Anna Erickson aerickson@beckredden.com 9/8/2025 1:40:57 PM SENT

Charlie Henke chenke@henkelawfirm.com 9/8/2025 1:40:57 PM SENT

Joel Glover jglover@jw.com 9/8/2025 1:40:57 PM SENT