ACCEPTED
14-14-00855-cv
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
3/17/2015 12:56:07 PM
CHRISTOPHER PRINE
CLERK
No. 14-14-00855-CV
FILED IN
14th COURT OF APPEALS
HOUSTON, TEXAS
IN THE COURT OF APPEALS 3/17/2015 12:56:07 PM
FOR THE FOURTEENTH JUDICIAL DISTRICT
CHRISTOPHER A. PRINE
Clerk
AT HOUSTON, TEXAS
ADEEL ZAIDI, A. K. CHAGLA, PRESTIGE CONSULTING, INC.,
and APEX KATY PHYSICIANS – TMG, L.L.C., Appellants,
v.
PANKAJ K. SHAH and APEX KATY PHYSICIANS, LLC, Appellees.
On Appeal from the 61st District Court
Harris County, Texas
Trial Court Cause No. 2009-02578
APPELLANTS’ UNOPPOSED MOTION FOR LEAVE TO
FILE BRIEF IN EXCESS OF 15,000 WORDS
TO THE HONORABLE COURT:
Pursuant to TRAP 9.4(i)(4), Appellants move the Court for leave to file an
Appellant’s Brief in excess of the 15,000 word limit of TRAP 9.4(i)(2)(B) as follows:
1. Appeal was duly perfected in this case on October 21, 2014. The
Judgment appealed from awarded over $50,000,000 in actual and exemplary damages
at the conclusion of a three-and-a-half day bench trial on over 20 causes of action,
from breach of contract to fraud to the Texas Theft Act.
2. There were no findings of fact or conclusions of law on the amount of
any damages awarded on any claim, however, despite Appellants’ request for
additional findings and conclusions. The Judgment awarded these damages simply
as aggregate, gross amounts, for Shah in the gross amount of $9,336,920,00, and for
Apex Katy Physicians, LLC, in the gross amount of $4,071,584.00.
3. Additionally, this case is extremely complicated and involves numerous
claims, defenses, findings, and conclusions, all of which are hotly contested.
Appellants have been forced to cover every single issue in possible way in order to
attack the nonspecific and aggregate findings.
3. Appellants have tried very hard to this very day to produce a proper brief
that contains only 15,000 words, but still asserts their well founded positions, but this
has been frankly impossible. Consequently, Appellants request leave to file a brief
that does not exceed 20,000 words in the interest of justice.
4. Mr. Gaston, Appellee’s lead counsel on this appeal, has today advised
that Appellee’s are not opposed to this request.
WHEREFORE, Appellants Adeel Zaidi, A. K. Chagla, Prestige Consulting,
Inc., and Apex Katy Physicians, – TMG, LLC, and Appellees Pankaj K. Shah and
Apex Katy Physicians, LLC, respectfully request that the Court grant this leave and
such other relief as is appropriate.
-2- Apex Appeal/Motion for Leave/3-17-15
March 17, 2015 Respectfully submitted,
LAW OFFICES OF DOUGLAS R. LITTLE
By /s/ Douglas R. Little
Douglas R. Little
State Bar No. 12416600
The Lyric Centre, Suite 900
440 Louisiana Street
Houston, Texas 77002
713.275.2069
doug@douglasrlittle.com
COUNSEL FOR APPELLANTS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing pleading has
been served upon all counsel listed below via: _____ hand delivery; _____ certified
mail, return receipt requested; _____ telefax transmission; _____ express mail;
T eFileTexas.gov/electronic mail; or _____ first class United States mail, on the
17th day of March, 2015:
Jeremy Gaston
Andrew K. Meade
Hawash Meade, et al.
2118 Smith Street
Houston, Texas 77002
/s/ Douglas R. Little
Douglas R. Little
-3- Apex Appeal/Motion for Leave/3-17-15