NO. 01-15-00573-CV

IN THE COURT OF APPEALS FIRST SUPREME JUDICIAL DISTRICT HOUSTON, TEXAS

____________________________________________________________ Cole Distribution, Inc., Cole Chemical & Di stributing, Inc., Princess Properties Limited Partnership, Cole Internationa l, Inc., and Donna F. Cole Appellants

V. Vexapak L.L.C., Antonio Gonzalez Cortez aka An tonio Gonzalez Jr. aka Antonio D. Gonzalez aka Antonio D. Gonzalez Cortes and Antonio Gonzalez Cardenas Appellees

______________________________________________________________ On Appeal from the District Court of Harris County, Texas 125 th Judicial District

_______________________________________________________________ APPELLANTS’ UNOPPOSED MOTION TO EXTEND AB ATEMENT OF APPEAL

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS: COME NOW, Appellants, Cole Distribution, Inc., Cole Chem ical & Distributing, Inc., Princess Properties Limited Partnership, Cole Inte rnational, Inc., and Donna F. Cole, and make their Appellants’ Unopposed Motion to Ex tend Abatement of Appeal as follows:

I. 1. This case was first appealed by the fili ng of Notices of Appeal by Plaintiffs/ Counter-Defendants on June 30, 2015, and by Thir d Party Defendants on June 30, 2015, and by Defendant/Third Party Plaintiff Vexapak on July 1, 2015. Subsequently, while the appellate case was pending, the trial court vaca ted the judgment on July 10, 2015 in view of pending motions to modify the judgment. ACCEPTED 01-15-00573-CV FIRST COURT OF APPEALS

HOUSTON, TEXAS 9/16/2015 4:55:16 PM CHRISTOPHER PRINE

CLERK2. The parties thereafter presenting cross-moti ons to modify the trial court’s judgment and/or for amended findings of fact and conclusions of law. Th e court conducted an oral hearing on that motion on August 24, 2015. The entry of an a ppropriate judgment is st ill before the trial

court which has the matter under advisement . The judgment is expected at any time. 3. The parties anticipate the C ourt will enter a new judgment and that one or more of them may appeal. The parties would reserve their ri ght to continue this appeal in such instance. 4. Accordingly, these parties request that the Court continue the abatement of the appeal for thirty (30) days to allow the trial court to enter a judgment and for the parties to determine whether or not to appeal from any such judgment. WHEREFORE, PREMISES CONS IDERED, Appellants, Cole Distribution, Inc., Cole Chemical & Distributing, Inc., Princess Properties Li mited Partnership, Cole International, Inc., and Donna F. Cole, request that this Court enter its order conti nuing the abatem ent through and including October 16, 2015, and reque st such other and further re lief to which they may show themselves justly entitled. Respectfully submitted,

WAUSON ♦ PROBUS

By: /s/ Matthew B. Probus

___ John Wesley Wauson State Bar No. 20988200 jwwauson@w-plaw.com Matthew B. Probus State Bar No. 16341200 mbprobus@w-plaw.com One Sugar Creek Center Blvd., Suite 880 Sugar Land, Texas 77478 (281) 242-0303 – Telephone (281) 242-0306 – FaxATTORNEYS FOR COLE DISTRIBUTION, INC. AND COLE CHEMICAL & DISTRIBUTING, INC.

-ANDBy: ____ /s/ Chris DiFerrante_______ Chris DiFerrante State Bar No. 05858800 402 East 11 th Street Houston, Texas 77008 (713) 868-1919 – Telephone (713) 868-1899 – Facsimile chris@cdflaw.com ATTORNEYS FOR THIRD PARTY DEFENDANTS, PRINCESS PROPERTIES LIMITED PARTNERSHIP, COLE INTERNATIONAL, INC. AND DONNA F. COLE

Certificate of Service I hereby certify that a true and correct copy of the foregoing has been forwarded by: _____ United States Mail, Certif ied, Return Receipt Requested _____ United States Mail, First Class _____ Hand delivery _____ Telecopy _XX_ Email

on this the 16 TH day of September, 2015, to: Dinesh Singhal The Singhal Law Firm Bank of America Center 700 Louisiana Street, Suite 3850 Houston, TX 77002

___ /s/ Matthew B. Probus

___________ Matthew B. Probus