Tommy Parker, Jr. v. Mary Martha Parrack

Opinion

ACCEPTED 15-25-00075-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 9/12/2025 3:15 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 9/12/2025 3:15:31 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

FOURTH 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

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

To the Honorable Court of Appeals:

This is a 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 Wednesday, September 16, 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.

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

The Court granted an extension of time from June 16 to July 16, 2025.

The Court granted a second extension of time from July 16 to July 28,

2025. The Court granted a third extension of time from July 28 to

August 29th. Appellant requests a final extension of time from August

2 29 to September 16, 2025. The request for an extension of time is

unopposed.

4. In the Court’s Order granting the Third Extension of Time, the Court

noted that no further extensions would be permitted absent

“exceptional circumstances.” There is good cause and exceptional

circumstances for this final extension of time. The undersigned

counsel had open heart surgery in early August of 2025. Counsel

predicted, based on medical advice, that he would be able to work in

the middle to latter part of August and could finish the brief by August

29, 2025. In the course of recovery, though, counsel suffered

unanticipated complications, including fluid in the lungs that caused

painful and persistent cough (which hurts a lot more after the chest had

been sawed open), very low blood pressure, and gout in both feet

(which had to be left largely untreated because of other medication).

Recovery sufficient to do work was delayed until counsel was released

from all of the medication on September 12, 2025. Counsel has

worked September 12th and is confident that with a few more days, he

can finish editing the brief, and can do the required formatting to finish

a brief that will be helpful to the Court. These complications were

unexpected, and although counsel expected to be slow after the

3 surgery, he did not expect that these complications would all occur and

that they would make work virtually impossible.

5. Counsel has conferred with opposing Counsel, and there is no

opposition to this request.

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

Brief on the Merits to September 16, 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

4 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

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.

5 Certificate of Conference

I certify that on September 12, 2025, I communicated with Laura Upchurch, counsel for the appellee, about an extension of time to file the Appellant’s Brief on the Merits. I told Ms. Upchurch that we would ask the Court for an extension to Wednesday, September 16, 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

Certificate of Service

I certify that a true and correct copy of this 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 September, 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: 105569135 Filing Code Description: Motion Filing Description: Motion Status as of 9/12/2025 3:21 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

William Carter 3932800 wfcarterlaw@gmail.com 9/12/2025 3:15:31 PM SENT

Steven White 21329050 gwhite@grayreed.com 9/12/2025 3:15:31 PM SENT

Jay Goss 8222600 jgoss@bruchez.com 9/12/2025 3:15:31 PM SENT

Joseph Briers 24082730 jbriers@bruchez.com 9/12/2025 3:15:31 PM SENT

Laura Upchurch upchurch@upchurchyates.com 9/12/2025 3:15:31 PM SENT