Case Information

*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 10/27/2015 12:37:07 PM PAM ESTES Clerk *1 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

FOR THE TWELFTH DISTRICT OF TEXAS

AT TYLER 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. The attached postsubmission supplemental brief addresses those

issues.

MOTION FOR LEAVE TO FILE POST SUBMISSION SUPPLEMENTAL BRIEF *2 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

electronically on the following attorney for Appellants on the 27 th 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