Tommy Parker, Jr. v. Mary Martha Parrack

Opinion

ACCEPTED 15-25-00075-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 11/14/2025 3:35 PM CHRISTOPHER A. PRINE IN THE FIFTEENTH COURT OF APPEALS CLERK FILED IN 15th COURT OF APPEALS for the AUSTIN, TEXAS 11/14/2025 3:35:19 PM

STATE OF TEXAS CHRISTOPHER A. PRINE Clerk

Case No. 15-25-00075-CV

TOMMY PARKER, JR., Appellant

v.

MARY MARTHA PARRACK, Appellee

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

MOTION FOR LEAVE AND EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

Pursuant to Rule 10.5(b) of the Texas Rules of Appellate Procedure, Kevin

Parrack, Jr., Independent Executor of the Estate of Appellee Mary Martha Parrack

(“Parrack”), files this motion seeking an extension of time in which to file his

appellee’s brief, and in support thereof, respectfully shows as follows:

1. The deadline for Appellee to file his brief is November 17, 2025.

1 2. Counsel for Appellee, Laura Upchurch requests additional time to

complete Appellee’s brief because she has had multiple conflicting professional

obligations, including settings for trial and hearings in multiple courts in five

different counties, since the date on which Appellant’s brief was filed. In addition,

Upchurch has been working on a paper for an upcoming speaking engagement at

the Texas State Bar Fiduciary Litigation Course, set on December 11-12, 2025.

Due to these schedule constraints, Upchurch does not have sufficient time to

complete and file Appellee’s brief by November 17, 2025.

3. Given Appellee’s counsel’s trial and hearing settings in the next four

weeks, scheduled CLE, and upcoming holidays, Appellee requests an extension

until December 30, 2025, for the filing of his brief. This request for an extension

of time is not sought for delay, but rather to give counsel for Appellee adequate

time to prepare the brief so that the briefing will be as helpful as possible to this

Court.

4. On November 14, 2025, Upchurch notified opposing counsel of her

request for an extension of time to complete Appellee’s brief. Appellee’s counsel

has not yet responded to that notice; however, counsel previously indicated that he

would not object to a request for extension, in light of the multiple extensions

sought by and granted to Appellant.

2 5. For these reasons, Appellee respectfully requests that the Court grant

this Motion for Extension of Time and give Appellee until December 30, 2025, to

file his brief. Appellee respectfully requests all further relief to which he may be

justly entitled.

Respectfully submitted,

UPCHURCH & YATES, LLP

/s/ LAURA UPCHURCH Laura Upchurch State Bar No. 00785131 UPCHURCH & YATES, LLP 315 S. Park St. Brenham, Texas 77833 Tel.: (979) 316-1300 Fax: (979) 316-1316 upchurch@upchurchyates.com

Counsel for Appellee

CERTIFICATE OF CONFERENCE

I hereby certify that I contacted Appellant’s counsel, Greg White, about this matter, without a response; however, White previously informed Appellee’s counsel that he would have no objection to an extension of time to file Appellee’s brief.

/s/ LAURA UPCHURCH Laura Upchurch

3 CERTIFICATE OF SERVICE

In accordance with the Texas Rules of Civil and Appellate Procedure, I hereby certify that on November 14, 2025, the original of the foregoing motion has been filed with the Clerk of the Fifteenth Court of Appeals in writing, and a true and correct copy has been delivered to the following:

Greg White State Bar No. 21329050 GREY REED & MCGRAW, LLC 900 Washington Ave., Ste. 800 Waco, Texas 76701 254-342-3000 gwhite@grayreed.com

Counsel for Appellant

4 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.

Jill Landry on behalf of Laura Upchurch Bar No. 785131 jill@upchurchyates.com Envelope ID: 108079009 Filing Code Description: Motion Filing Description: Motion for Extension of Time to File Appellee's Brief Status as of 11/14/2025 4:04 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

William Carter 3932800 wfcarterlaw@gmail.com 11/14/2025 3:35:19 PM SENT

Steven White 21329050 gwhite@grayreed.com 11/14/2025 3:35:19 PM SENT

Jay Goss 8222600 jgoss@bruchez.com 11/14/2025 3:35:19 PM SENT

Joseph Briers 24082730 jbriers@bruchez.com 11/14/2025 3:35:19 PM SENT

Laura Upchurch upchurch@upchurchyates.com 11/14/2025 3:35:19 PM SENT