Tommy Parker, Jr. v. Mary Martha Parrack

Opinion

ACCEPTED 15-25-00075-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/1/2025 2:28 PM

No. 15-25-00075-CV CHRISTOPHER A. PRINE CLERK In the Court of Appeals FILED IN 15th COURT OF APPEALS For the Fifteenth Judicial District Sitting at AUSTIN, TEXAS Austin, Texas 8/1/2025 2:28:13 PM CHRISTOPHER A. PRINE Clerk TOMMY PARKER, JR. Appellant v. MARY MARTHA PARRACK Appellee

Appeal from the 12th District Court of Madison County, Texas Trial Court Cause No. 18-16110

THIRD UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF ON THE MERITS

Greg White Jay B. Goss gwhite@grayreed.com Jgoss@bruhez.com Joseph Briers GRAY REED & MCGRAW, LLP jbriers@bruchez.com 900 Washington Ave., Suite 800 Waco, Texas 76701 BRUCHEZ & GOSS, PC (254)342-3000 2740 Copperfield Dr. (254) 342-3102 (fax) Suite 200 Bryan, Texas 77802 William F. Carter (979) 268-4343 wfcarterlaw@gmail.com (979) 268-5323 (fax) 201 North Main St. Bryan, Texas 77803 (979) 779-0712 (979) 779-9243 (fax)

Attorneys for Appellant Tommy Parker, Jr. No. 15-25-00075-CV

TOMMY PARKER, JR. Appellant v. MARY MARTHA PARRACK Appellee

THIRD UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF ON THE MERITS

To the Honorable Court of Appeals:

This is the Third Motion to Extend the Time for Filing the Appellant’s

Brief on the Merits. The Appellant (Tommy Parker, Jr.) requests an

extension of time until Friday, August 29, 2025.

1. The judgment in this case was signed on January 14, 2025. Parker filed

a Motion for New Trial. The Notice of Appeal was filed on April 14,

2025. The Clerk’s Record was filed on May 7, 2025. The Reporter’s

Record was filed on May 15, 2025.

2. The Appellant’s Brief was originally due on June 16. 2025. The Court

has granted a first extension of time to July 16, 2025. The Court

granted a second request for extension of time to July 28, 2025. If

granted, the total extension of time would be 74 days.

3. Appellant requests an extension of time to file his Brief on the Merits.

He seeks permission to file his Brief on August 29, 2025. The request

2 for an extension of time is unopposed.

4. There is good cause for the extension of time. Counsel for appellant is

now scheduled for open-heart surgery on August 4, 2025. Counsel

believed that with most of the brief finished, it would be possible to

finish the brief before surgery. What counsel did not anticipate was

that the testing and consultations would continue up until earlier this

week. Beyond that, the constant communication with family and

management of existing cases has made time for concentration and

serious work almost non-existent. The current version of the brief is

simply not what counsel wants to submit to the Court. Although the

total amount of time for filing this brief is more than counsel would

ordinarily request, this is not an ordinary situation for counsel, at work,

at home, or in any prior situation.

5. This request is made solely because of the extraordinary

circumstances.

3 6. Counsel has conferred with opposing Counsel, and there is no

opposition to this request.

7. Parker requests that the Court extend the time for filing the Appellant’s

Brief on the Merits to August 29, 2025.

Respectfully submitted,

By: /s/ Greg White Greg White Texas Bar No. 21329050 gwhite@grayreed.com

GRAY REED & MCGRAW LLP 900 Washington Ave., Ste. 800 Waco, Texas 76701 Telephone: (254) 342-3000 Facsimile: (254) 342-3100

Jay B. Goss Texas Bar No. 08222600 Jgoss@bruhez.com Joseph Briers Texas Bar No. 24082730 jbriers@bruchez.com

BRUCHEZ & GOSS, PC 2740 Copperfield Dr. Suite 200 Bryan, Texas 77802 Telephone: (979) 268-4343 Facsimile: (979) 268-5323

4 William F. Carter Texas Bar No. 03932800 wfcarterlaw@gmail.com 201 North Main St. Bryan, Texas 77803 Telephone: (979) 779-0712 Facsimile: (979) 779-9243

ATTORNEYS FOR APPELLANT TOMMY PARKER, JR.

Certificate of Conference

I certify that on August 1, 2025, I communicated with Laura Upchurch, counsel for the appellee, about a second extension of time to file the Appellant’s Brief on the Merits based on the reasons outlined in this Motion. I informed Ms. Upchurch that we would request an extension from the Court to Friday, August 29, 2025. Ms. Upchurch promptly replied that she did not oppose the requested extension. We agreed that the Appellant would not oppose any similar request for the Appellee’s Brief if needed.

/s/ Greg White Greg White

5 Certificate of Service

I certify that a true and correct copy of this Second Unopposed Motion to Extend Time to File Appellant’s Brief on the Merits was filed through an approved electronic filing service, and that service was thereby accomplished on counsel listed below on August 1, 2025.

Laura Upchurch Upchurch & Yates, LLP 315 S. Park St. Brenham, TX 77833 upchurch@upchurchyates.com

Attorneys for Appellee – Mary Martha Parrack

6 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.

Greg White on behalf of Greg White Bar No. 21329050 greg.white@texapplaw.com Envelope ID: 103882697 Filing Code Description: Motion Filing Description: Motion Status as of 8/1/2025 2:40 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

William Carter 3932800 wfcarterlaw@gmail.com 8/1/2025 2:28:13 PM SENT

Steven White 21329050 gwhite@grayreed.com 8/1/2025 2:28:13 PM SENT

Laura Upchurch upchurch@upchurchyates.com 8/1/2025 2:28:13 PM SENT

Jay Goss 8222600 jgoss@bruchez.com 8/1/2025 2:28:13 PM SENT

Joseph Briers 24082730 jbriers@bruchez.com 8/1/2025 2:28:13 PM SENT