Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 12/30/2015 3:49:14 PM CHRISTOPHER A. PRINE Clerk *1 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 IN THE FIRST COURT OF APPEALS HOUSTON, TEXAS N ICK Y EH I NDIVIDUALLY A SHDON I NC . D / B / A I MPRESSION B RIDAL , AND
E MME B RIDAL I NC ., Appellants/Cross-Appellees, v.
E LLEN C HESLOFF , Appellee/Cross-Appellant. On Appeal from the 268 th 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 .
*4 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 K ELLY D URHAM & P ITTARD 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 T HE E STEFAN F IRM P.C. 2306 Mason Street Houston, Texas 77006 (713) 333-1100 (713) 333-1101 (Fax) COUNSEL FOR APPELLEE/CROSS-APPELLANT *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 30 th 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
O GLETREE D EAKINS N ASH S MOAK & S TEWART , P.C.
One Allen Center
500 Dallas Street, Suite 3000
Houston, Texas 77002
/s/ Thad D. Spalding Thad D. Spalding