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

• Court: Court of Appeals of Texas
• Decided: February 20, 2015
• Docket: 01-14-00417-CV
• Status: Published

Opinion

ACCEPTED 01-14-00417-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 2/20/2015 3:47:58 PM CHRISTOPHER PRINE CLERK

NO. 01-14-00417-CV FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS IN THE FIRST COURT OF APPEALS 2/20/2015 3:47:58 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

UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE’S/CROSS-APPELLANT’S BRIEF

Appellee/Cross-Appellant Ellen Chesloff files this Unopposed

Motion asking for a thirty-day extension, to April 1, 2015, to file her

Appellee’s/Cross-Appellant’s Brief in this case.

I. BACKGROUND

Appellants appeal the April 25, 2014 Final Judgment entered against

them in the underlying case. Appellee noticed a cross-appeal of that Final

UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE’S/CROSS-APPELLANT’S BRIEF PAGE 1 OF 5 Judgment as well. The Clerk’s Record was filed on June 23, 2014 and the

Reporter’s Record was filed on November 25, 2014.

In a joint motion filed by the parties on December 23, 2014, the parties

agreed to extend the time for Appellants to file their brief, and agreed on a

briefing schedule for the cross-appeal. This Court extended Appellants’

briefing deadline to January 29, 2015 and the parties agreed that the

Appellee’s/Cross-Appellant’s brief would be due thirty days later.

Appellants filed their brief on January 29, 2015, making

Appellee’s/Cross-Appellant’s brief due no later than March 2, 2015.

II. REQUESTED EXTENSION

This is Appellee’s/Cross-Appellant’s first request for an extension.

Over the past month, the bulk of the undersigned’s time has been spend

responding to nine (9) complaints currently pending before the State

Commission on Judicial Conduct, and preparing for a hearing before the

Commission that was held yesterday, February 19, 2015. Because of this

and other, day-to-day matters, the undersigned counsel, who is lead

appellate counsel and primarily responsible for preparing the

Appellee’s/Cross-Appellant’s brief in this case, needs additional time to

UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE’S/CROSS-APPELLANT’S BRIEF PAGE 2 OF 5 review the Appellants’ brief, review the record, and prepare the

Appellee’s/Cross-Appellant’s brief.

This request is sought not solely for delay, but in order that the

Appellee’s/Cross-Appellant’s Brief 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 February 18, 2015, the undersigned contacted lead appellate

counsel for Appellants, Barham Lewis, 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 respectfully requests

that this Court grant her unopposed motion and extend the time to file her

Appellee’s/Cross-Appellant’s Brief to April 1, 2015, and for such other and

further relief to which they may be justly and equitably entitled.

UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE’S/CROSS-APPELLANT’S BRIEF 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 APPELLEE’S/CROSS-APPELLANT’S BRIEF 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 Appellee’s/Cross-Appellant’s Brief has been forwarded to the following counsel of record on this 20th day of February 2015, pursuant to Texas Rule of Appellate Procedure 9.5(b)(1).

Barham Lewis Barham.Lewis@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 APPELLEE’S/CROSS-APPELLANT’S BRIEF PAGE 5 OF 5