UNOPPOSED MOTION TO EXTEND TIME TO FILE

MOTION FOR REHEARING OR EN BANC RECONSIDERATION PAGE 1 OF 5

NO. 01-14-00417-CV

 

IN THE FIRST COURT OF APPEALS 

HOUSTON, TEXAS 

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. 

ACCEPTED

01-14-00417-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

12/30/2015 3:49:14 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 12/30/2015 3:49:14 PM CHRISTOPHER A. PRINE Clerk
UNOPPOSED MOTION TO EXTEND TIME TO FILE

MOTION FOR REHEARING OR EN BANC RECONSIDERATION PAGE 2 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 3 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 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

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 5 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