U NOPPOSE D M OTION TO E XTEND T IME TO FILE

M OTION FOR R EHEARING OR E N B ANC R ECONSIDERATION P AGE 1 OF 5



# 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. ACCEPTED 01-14-00417-CV FIRST COURT OF APPEALS

HOUSTON, TEXAS 12/30/2015 3:49:14 PM CHRISTOPHER PRINE

CLERKU NOPPOSE D M OTION TO E XTEND T IME TO FILE

M OTION FOR R EHEARING OR E N B ANC R ECONSIDERATION P AGE 2 OF 5 I. BACKGROUND

Appellants appeal ed a n April 25, 2014 Final Judgment entered

against them in the underlying case. C hesloff 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 a n Opinion, reversing the trial

court ’ s Final Judgment and rendering judgment a gainst C hesloff

. Any

Motion for Rehearing or Motion for En Banc Reconside ration is therefore

due to be filed no later than January 6, 2016. Te x. R. App. P. 49. 1, 49.7.

II. REQUESTED EXTENSION

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

Rehearing or Motion for En Banc Reconsideration

. G iven 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 u ndersigned ’ s office is closed for four business days and

otherwise short

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

o ther day

- to

- day matters that have prevented the undersigned from

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

of her rehearing and en banc reconsideration dead lines.U NOPPOSE D M OTION TO E XTEND T IME TO FILE

M OTION FOR R EHEARING OR E N B ANC R ECONSIDERATION P AGE 3 OF 5 This request is sought not solely for delay, but in order that a ny
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.

I II. CERTIFICATE OF CONFERENCE

On D ecember 30 , 2015, the undersigned contacted counsel for

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

this Motion. M r. Lewis graciously advised that h e and h is clients were

unopposed to the relief being reques ted

.

IV. PRAYER

For these reasons, Appellee /Cross

- Appellant Ellen Chesloff

respectfully request s that this Court grant her unopposed motion and

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

reconsideration to J anuary 21 , 201 6

.U NOPPOSE D M OTION TO E XTEND T IME TO FILE

M OTION FOR R EHEARING OR E N B ANC R ECONSIDERATION P AGE 4 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 K ELLY , D URHAM & P ITTARD , LLP PO Box 224626 Dallas, TX 75222 Telephone: 214.946.8000 Facsimile: 214.946.8433

a nd

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

- APPELLANTU NOPPOSE D M OTION TO E XTEND T IME TO FILE

M OTION FOR R EHEARING OR E N B ANC R ECONSIDERATION P AGE 5 OF 5 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this Unopposed Motion to Extend Time to File M otion for Rehearing or En Banc Reconsideration has been forwarded to the following counsel of record on this 3 0 th day of D ecember 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