University of Texas at Arlington v. James McMerchant

ACCEPTED 15-25-00038-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 6/23/2025 8:28 AM No. 15-25-00038-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS In The Court of Appeals AUSTIN, TEXAS Fifteenth District of Texas 6/23/2025 8:28:16 AM Austin, Texas CHRISTOPHER A. PRINE Clerk

UNIVERSITY OF TEXAS AT ARLINGTON Appellant, v. JAMES MCMERCHANT Appellee.

ON APPEAL FROM THE 236th JUDICIAL DISTRICT COURT, TARRANT COUNTY, TEXAS TRIAL COURT CAUSE NO. 236-337930-22

APPELLANT’S UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE FIFTH COURT OF APPEALS: Pursuant to TEX. R. APP. P. 10.5(b)(1) and 26.3 the Appellee, James McMerchant (“Mr. McMerchant”), files this Motion to Extend Time to File Appellee’s Brief and respectfully requests a twenty-one (21) day extension to file Appellee’s Brief; making the deadline to file Appellants brief, July 7, 2025.

Appellee states as follows: 1. Appellant filed its notice to appeal on April 2, 2025; 2. The Clerks record was filed April 14, 2025; 3. Appellant’s Brief was filed on May 27, 2025; and 4. Appellee’s Brief was due on June 16, 2025.

This is the first request for an extension of time to file Appellee’s Brief.

Counsel for Mr. McMerchant requests a twenty-one (21) day extension of time to file Appellee’s Brief, making the brief due July 7, 2024. Appellant’s Counsel is requesting a twenty-one (21) day extension to file the brief due to Counsel requiring additional time to research and draft but was unable to do so within the initial deadline. Appellant’s Counsel had a myriad of final trials and pre-trial deadlines that required lead counsel to devote to, including but not limited to: 1. Cause. No 231-753370-24; In the Matter of the Marriage of Burns; 2. Cause No. 324-753365-24, In the Matter of the Marriage of Buckley; 3. Cause No. 067-339715-23; Garcia v. Rodriguez.

This request is not sought for delay but so that justice may be done.

All facts recited in this motion are within the personal knowledge of the counsel signing this motion, therefore no verification is necessary under Texas Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF For the reasons set forth above, Appellant requests that this Court grant this First Motion to Extend Time to File Appellee’s Brief and extend the deadline for filing the Appellee’s Brief to July 7, 2025.

Appellant requests all other relief to which he may be entitled.

Respectfully Submitted, Crocker Russell & Associates W. Oak Street Mansfield, TX 76063 /s/ Ali Crocker Russell ______________________________ Ali Crocker Russell Attorney for Appellee Bar no: 24098868 Office Phone: (817) 482-6570 Fax: (682) 232-1850 Email: [email protected]

CERTIFCATE OF CONFERENCE I certify that I conferred with Appellant’s Counsel on June 9, 2025 and she represented that Appellant is unopposed.

/s/ Ali Crocker Russell ______________________________ Ali Crocker Russell CERTIFICATE OF SERVICE Pursuant to TEX. R. APP. P. 9.5, I certify that on June 23, 2025, a copy of this motion was electronically delivered to the following:

Brianna Krominga, Counsel for Appellant: [email protected]

/s/ Ali Crocker Russell ______________________________ Ali Crocker Russell 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.

Ali Crocker on behalf of Ali Crocker Bar No. 24098868 [email protected] Envelope ID: 102281410 Filing Code Description: Motion Filing Description: Status as of 6/23/2025 8:42 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Ali Crocker 24098868 [email protected] 6/23/2025 8:28:16 AM SENT karel macias [email protected] 6/23/2025 8:28:16 AM SENT Brianna Krominga [email protected] 6/23/2025 8:28:16 AM SENT