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

Opinion

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