Edom Corner, LLC and Earl Berry, Jr. v. It's the Berry's, LLC

Opinion

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

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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 1 Forest Park Drive Richardson, Texas 75080 (214) 237-8598 (972) 699-1456 Facsimile lmlesh@sbcglobal.net

/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

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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 rdflawoffice@yahoo.com

/s/ Larry M. Lesh