ACCEPTED 12-14-00365-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 8/27/2015 10:16:15 AM CATHY LUSK CLERK NO. 12-14-00365-CV IN THE COURT OF APPEALS FILED IN 12th COURT OF APPEALS FOR THE TWELFTH DISTRICT OF TEXAS TYLER, TEXAS AT TYLER 8/27/2015 10:16:15 AM CATHY S. LUSK Clerk EDOM CORNER, LLC and EARL A. BERRY, JR., Appellants vs. IT’S THE BERRY’S, LLC doing business as MARY ELLEN’S Appellee

On appeal from the 294th Judicial District Court of Van Zandt County, Texas

MOTION FOR CONTINUANCE OF ORAL ARGUMENT

Appellee It’s The Berrys, LLC doing business as Mary Ellen’s (“Mary Ellen’s”) respectfully moves, on the following grounds, for a four-week continuance of the oral argument of this appeal now scheduled for September 15, 2015: 1. The undersigned counsel for Mary Ellen’s learned on August 26, 2015 that he is to enter Presbyterian Hospital in Dallas, Texas on the MOTION FOR CONTINUANCE OF ORAL ARGUMENT 1 morning of September 15, 2015 to prepare for heart surgery which will occur on September 17, 2015. Therefore, counsel for Mary Ellen’s will be unable to appear for oral argument of this appeal on September 15, 2015.

2. Certificate of conference: The undersigned on August 26, 2015 conferred with counsel for appellants, who have no objection to the continuance sought by this motion.

Respectfully submitted, Larry M. Lesh State Bar No. 12225000 LAW OFFICE OF LARRY M. LESH Forest Park Drive Richardson, Texas 75080 (214) 237-8598 (972) 699-1456 Facsimile [email protected]

/s/ Larry M. Lesh Larry M. Lesh ATTORNEY FOR MARY ELLEN’S

CERTIFICATE OF SERVICE On August 27, 2015 the foregoing motion was served electronically on the MOTION FOR CONTINUANCE OF ORAL ARGUMENT 2 following counsel for appellants: Katherine A. Ferguson RENSHAW DAVIS & FERGUSON, LLP 2900 Lee Street P.O. Box 21 Greenville, Texas 75403-0021 (903) 454-6050 (903) 454-4898 Facsimile [email protected]

/s/ Larry M. Lesh

MOTION FOR CONTINUANCE OF ORAL ARGUMENT 3 MOTION FOR CONTINUANCE OF ORAL ARGUMENT 4