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.

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.

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.

Respectfully submitted, By: /s/ Thad D. Spalding

Thad D. Spalding State Bar No. 00791708 [email protected] Peter M. Kelly State Bar No. 00791011 [email protected] 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 [email protected] THE ESTEFAN FIRM, P.C.

2306 Mason Street Houston, Texas 77006 (713) 333-1100 (713) 333-1101 (Fax) COUNSEL FOR APPELLEE/CROSS-APPELLANT

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, [email protected] Angela N. Prince, [email protected] 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