NO. 01-15-00573-CV 

IN THE COURT OF APPEALS 

FIRST SUPREME JUDICIAL DISTRICT 

HOUSTON, TEXAS 

____________________________________________________________ 

Cole Distribution, Inc., Cole Chemical & Distributing, Inc., Princess Properties Limited 

Partnership, Cole International, Inc., and Donna F. Cole 

Appellants 

V. 

Vexapak L.L.C., Antonio Gonzalez Cortez aka Antonio 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 

125th Judicial District 

_______________________________________________________________ 

APPELLANTS’ UNOPPOSED MOTION TO EXTEND ABATEMENT OF APPEAL 

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS: 

COME NOW, Appellants, Cole Distribution, Inc., Cole Chemical & Distributing, Inc., 

Princess Properties Limited Partnership, Cole International, Inc., and Donna F. Cole, and make 

their Appellants’ Unopposed Motion to Extend Abatement of Appeal as follows: 

I. 

1. This case was first appealed by the filing of Notices of Appeal by Plaintiffs/ 

Counter-Defendants on June 30, 2015, and by Third 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 vacated 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

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/16/2015 4:55:16 PM CHRISTOPHER A. PRINE Clerk
2. The parties thereafter presenting cross-motions to modify the trial court’s judgment 

and/or for amended findings of fact and conclusions of law. The court conducted an oral hearing 

on that motion on August 24, 2015. The entry of an appropriate judgment is still before the trial 

court which has the matter under advisement. The judgment is expected at any time. 

3. The parties anticipate the Court will enter a new judgment and that one or more of 

them may appeal. The parties would reserve their right 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 CONSIDERED, Appellants, Cole Distribution, Inc., Cole 

Chemical & Distributing, Inc., Princess Properties Limited Partnership, Cole International, Inc., 

and Donna F. Cole, request that this Court enter its order continuing the abatement through and 

including October 16, 2015, and request such other and further relief 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 – Fax 
ATTORNEYS FOR COLE DISTRIBUTION, INC. 

AND COLE CHEMICAL & DISTRIBUTING, INC. 

-ANDBy: ____/s/ Chris DiFerrante_______

Chris DiFerrante 

 State Bar No. 05858800 

402 East 11th 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, Certified, Return Receipt Requested 

 _____ United States Mail, First Class 

 _____ Hand delivery 

 _____ Telecopy 

 _XX_ Email 

on this the 16TH 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