Patrick Kelley and PMK Group, LLC v. Richard Homminga and Chippewa Construction Co., LLC

ACCEPTED 15-24-00123-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 2/13/2025 11:47 AM No. 15-24-00123-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS IN THE FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 2/13/2025 11:47:33 AM CHRISTOPHER A. PRINE Clerk PATRICK KELLY AND PMK GROUP, LLC, Appellants v. RICHARD HOMMINGA AND CHIPPEWA CONSTRUCTION LLC, Appellees.

From the 212th Judicial District Court Galveston County, Texas Trial Court Cause No. 22-0360

APPELLANTS’ MOTION FOR EXTENSION OF TIME TO FILE ITS OPENING BRIEF

TO THE HONORABLE FIFTEENTH COURT OF APPEALS: Appellants Patrick Kelly and PMK Group respectfully request a 30- day extension to file their opening brief under Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), and would respectfully show this Court as follows: 1. Appellants’ brief is currently due on February 21, 2025.

Appellants request an extension of 30 days from the current deadline, making their brief due March 24, 2025.1 2. This is Appellants’ second request for an extension of time to file their brief. Appellants anticipate that, barring unforeseen circumstances, this will be their last request.

3. Counsel for Appellants needs additional time to file Appellants’ brief because counsel have been diligently working to comply with multiple concurrent deadlines and briefing requirements, including (but not limited to) the following: ▪ Cause No. 17-003236-CV-361; Kristopher Lloyd Fraley v. The Texas A&M University System, Vaughn Construction Company d/b/a J.T. Vaughn Construction, LLC, and Brazos Paving, Inc., in the 361st Judicial District Court of Brazos County, Texas (trial started February 11, 2025); ▪ Cause No. 2021-35340; Ivannia Martinez v. Andres Castro; In the 281st Judicial District Court of Harris County, Texas (trial set for February 17, 2025); ▪ Cause No. 2021-34620; Miguel Angel Urquizo Sanchez v. Portico Property Management, LLC, TC VI Greenhouse, LP, and 29SC Greenhouse, LP; In the 80th Judicial District Court of Harris County (trial set to start February 24, 2025);

1 The expiration of 30 days falls on Sunday, March 23, 2025. The next business day is Monday, March 24, 2025.

▪ Case No. 24-0605; Dallas Police Retired Officers Association v. Dallas Police and Fire Pension System and Nicholas A.

Merrick in His Official Capacity as Chairman of the Board of Trustees of the Dallas Police and Fire Pension System, et al; In the Supreme Court of the State of Texas (Reply in Support of Petition for Review due February 26, 2025); ▪ Case No. 01-23-00725-CV; Lilly Lerner v. Douglas Scott Lerner; In the First Court of Appeals for the State of Texas (Appellant’s Reply Brief due February 28, 2025); and ▪ Case No. 25-0116; World Food Imports, Inc. and KGF World Food Warehouse, Inc. v. HHO United Group, Inc. as Assignee of Nihaya Qaddura and Sharif Choudhury; in the Supreme Court of the State of Texas (Petition for Review due March 17, 2025).

For these reasons, Appellants Patrick Kelly and PMK Group request that the Court grant an extension of time to file their opening brief, making it due on or before March 24, 2025.

Respectfully submitted, By: /s/ Bradley W. Snead Bradley W. Snead State Bar No. 24049835 Kelley Clark Morris State Bar No. 24087306 WRIGHT CLOSE & BARGER, L.L.P. One Riverway, Suite 2200 Houston, Texas 77056 Telephone: (713) 572-4321 Facsimile: (713) 572-4320 [email protected] [email protected] David Funderburk Diane S. Davis Todd Collins FUNDERBURK FUNDERBURK COURTOIS, LLP 2777 Allen Parkway, Suite 1000 Houston, Texas 77019 Telephone: (713) 526-1801 Facsimile: (713) 526-2708 [email protected] [email protected] [email protected] Attorneys for Appellants

CERTIFICATE OF CONFERENCE On February 12, 2025, Bradley W. Snead, counsel for Appellant, conferred by email with counsel for Appellees. Appellees oppose the relief requested in this motion.

/s/ Bradley W. Snead Bradley W. Snead

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.

Michelle Heigelmann on behalf of Brad Snead Bar No. 24049835 [email protected] Envelope ID: 97342384 Filing Code Description: Motion Filing Description: Appellant's Motion for Extension of Time to file Its Opening Brief Status as of 2/13/2025 11:57 AM CST Associated Case Party: Patrick Kelley Name BarNumber Email TimestampSubmitted Status Bradley W.Snead [email protected] 2/13/2025 11:47:33 AM SENT Kelly ClarkMorris [email protected] 2/13/2025 11:47:33 AM SENT

Associated Case Party: Richard Homminga Name BarNumber Email TimestampSubmitted Status Andrew J.Mytelka [email protected] 2/13/2025 11:47:33 AM SENT Angie Olalde [email protected] 2/13/2025 11:47:33 AM SENT Victoria Rutherford [email protected] 2/13/2025 11:47:33 AM SENT Jordan RaschkeElton [email protected] 2/13/2025 11:47:33 AM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status David Funderburk 7547550 [email protected] 2/13/2025 11:47:33 AM SENT Todd Collins [email protected] 2/13/2025 11:47:33 AM SENT Diane S.Davis [email protected] 2/13/2025 11:47:33 AM SENT