Nick Yeh, Individually, Ashdon Inc. D/B/A Impression Bridal, and Emme Bridal, Inc. v. Ellen Chesloff

ACCEPTED
01-14-00417-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/30/2015 3:49:14 PM
CHRISTOPHER PRINE
CLERK

NO. 01-14-00417-CV
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
IN THE FIRST COURT OF APPEALS 12/30/2015 3:49:14 PM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
Clerk

NICK YEH, INDIVIDUALLY, ASHDON INC. D/B/A IMPRESSION BRIDAL, AND
EMME BRIDAL, INC.,
Appellants/Cross-Appellees,

v.

ELLEN CHESLOFF,
Appellee/Cross-Appellant.

On Appeal from the 268th Judicial District Court,
Fort Bend County, Texas, No. 09-DCV-174184

APPELLEE/CROSS-APPELLANT’S UNOPPOSED MOTION TO
EXTEND TIME TO FILE MOTION FOR REHEARING OR EN BANC
RECONSIDERATION

Appellee/Cross-Appellant Ellen Chesloff files this Unopposed

Motion asking for a fifteen (15) day extension, to January 21, 2016, to file a

Motion for Rehearing or Motion for En Banc Reconsideration in this case.

UNOPPOSED MOTION TO EXTEND TIME TO FILE
MOTION FOR REHEARING OR EN BANC RECONSIDERATION PAGE 1 OF 5
 I. BACKGROUND

Appellants appealed an April 25, 2014 Final Judgment entered

against them in the underlying case. Chesloff noticed a cross-appeal of that

Final Judgment as well.

The case was submitted without oral argument on October 13, 2015,

and on December 22, 2015, this Court issued an Opinion, reversing the trial

court’s Final Judgment and rendering judgment against Chesloff. Any

Motion for Rehearing or Motion for En Banc Reconsideration is therefore

due to be filed no later than January 6, 2016. Tex. R. App. P. 49.1, 49.7.

II. REQUESTED EXTENSION

This is Chesloff’s first request for an extension to file a Motion for

Rehearing or Motion for En Banc Reconsideration. Given the timing of the

Court’s Opinion, Chesloff’s time to file a motion for rehearing or for en

banc reconsideration falls during the Christmas and New Year’s holidays,

when the undersigned’s office is closed for four business days and

otherwise short-staffed. In light of the intervening holidays, as well as

other day-to-day matters that have prevented the undersigned from

turning his full attention to this matter, Chesloff asks for a brief extension

of her rehearing and en banc reconsideration deadlines.

UNOPPOSED MOTION TO EXTEND TIME TO FILE
MOTION FOR REHEARING OR EN BANC RECONSIDERATION PAGE 2 OF 5
 This request is sought not solely for delay, but in order that any

motion for rehearing or motion for en banc reconsideration and the issues

to be presented therein may be clearly and concisely presented to this

Court and so that justice may be served.

III. CERTIFICATE OF CONFERENCE

On December 30, 2015, the undersigned contacted counsel for

Appellants, Barham Lewis and Angela Prince, regarding the substance of

this Motion. Mr. Lewis graciously advised that he and his clients were

unopposed to the relief being requested.

IV. PRAYER

For these reasons, Appellee/Cross-Appellant Ellen Chesloff

respectfully requests that this Court grant her unopposed motion and

extend the time to file any motion for rehearing or motion for en banc

reconsideration to January 21, 2016.

UNOPPOSED MOTION TO EXTEND TIME TO FILE
MOTION FOR REHEARING OR EN BANC RECONSIDERATION PAGE 3 OF 5
 Respectfully submitted,

By: /s/ Thad D. Spalding
Thad D. Spalding
State Bar No. 00791708
tspalding@texasappeals.com
Peter M. Kelly
State Bar No. 00791011
pkelly@texasappeals.com
KELLY, DURHAM & PITTARD, LLP
PO Box 224626
Dallas, TX 75222
Telephone: 214.946.8000
Facsimile: 214.946.8433

and

Ronald M. Estefan
State Bar No. 00785851
ron@ronestefanlaw.com
THE ESTEFAN FIRM, P.C.
2306 Mason Street
Houston, Texas 77006
(713) 333-1100
(713) 333-1101 (Fax)

COUNSEL FOR
APPELLEE/CROSS-APPELLANT

UNOPPOSED MOTION TO EXTEND TIME TO FILE
MOTION FOR REHEARING OR EN BANC RECONSIDERATION PAGE 4 OF 5
 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this Unopposed
Motion to Extend Time to File Motion for Rehearing or En Banc
Reconsideration has been forwarded to the following counsel of record on
this 30th day of December 2015, pursuant to Texas Rule of Appellate
Procedure 9.5(b)(1).

Barham Lewis, Barham.Lewis@ogletreedeakins.com
Angela N. Prince, Angela.Prince@ogletreedeakins.com
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
One Allen Center
500 Dallas Street, Suite 3000
Houston, Texas 77002
/s/ Thad D. Spalding
Thad D. Spalding

UNOPPOSED MOTION TO EXTEND TIME TO FILE
MOTION FOR REHEARING OR EN BANC RECONSIDERATION PAGE 5 OF 5