ACCEPTED
12-14-00365-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
10/27/2015 12:37:07 PM
Pam Estes
CLERK
CAUSE NUMBER 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 10/27/2015 12:37:07 PM
PAM ESTES
Clerk
EDOM CORNER, LLC and EARL A. BERRY, JR.,
Appellanst,
vs.
IT’S THE BERRYS, LLC doing business as MARY ELLEN’S
Appellees
MOTION FOR LEAVE TO FILE POST SUBMISSION
SUPPLEMENTAL BRIEF
Appellee It’s The Berrys doing business as Mary Ellen’s (“Mary Ellen’s”)
respectfully moves, on the following grounds, for leave to file the postsubmission
supplemental brief which accompanies this motion:
1. During the October 22, 2015 oral argument of this appeal certain
issues arose from the Court’s inquiries which must be addressed.
2. The attached postsubmission supplemental brief addresses those
issues.
MOTION FOR LEAVE TO FILE POST SUBMISSION SUPPLEMENTAL BRIEF 1
3. Certificate of Conference: On October 27, 2015 Larry M. Lesh,
the undersigned attorney for Mary Ellen’s, conferred with counsel for
Appellants, who oppose this motion.
Respectfully submitted,
/s/ Larry M. Lesh
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
R. Paul Elliott
Attorney at Law
A Professional Corporation
301 S. Main
Canton, Texas 75103
(903) 567-4141
(903) 567-6228 Facsimile
ATTORNEYS FOR MARY
ELLEN’S
CERTIFICATE OF SERVICE
A true copy of the foregoing motion with accompanying brief was served
MOTION FOR LEAVE TO FILE SUR-REPLY BRIEF 2
electronically on the following attorney for Appellants on the 27th day of October,
2015:
Katherine A. Ferguson
Renshaw, Davis & Ferguson, L.L.P.
2900 Lee Street Suite 102
P. O. Box 0021
Greenville, Texas 75403-0021
rdflawoffice@yahoo.com
/s/ Larry M. Lesh
Larry M. Lesh
MOTION FOR LEAVE TO FILE SUR-REPLY BRIEF 3