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NO. 01-14-00779-CV

In the Court of Appeals

First Judicial District of Texas

Houston, Texas

___________________________________

POINTE WEST CENTER, LLC

 Appellant, 

vs.

IT’S ALIVE, INC. AND SHAMIL QURESHI

 Appellees/Cross-Appellants, 

__________________________________________________________________

Appeal from County Civil Court at Law No. 1

Harris County, Texas

Cause No. 1022800

__________________________________________________________________

APPELLEES/CROSS-APPELLANTS’ FIRST MOTION FOR EXTENSION 

OF TIME FOR THIRTY DAYS TO FILE BRIEF 

__________________________________________________________________

To the Honorable Court of Appeals:

It’s Alive, Inc. and Shamil Qureshi, Appellees/Cross-Appellants ask the 

Court to grant an extension of time of thirty days to file their Cross-Appellants’ 

Brief. This is the First Motion to Extend Time for Filing their Brief filed on behalf 

of these parties. 

ACCEPTED

01-14-00779-cv

FIRST COURT OF APPEALS

HOUSTON, TEXAS

2/27/2015 2:09:06 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 2/27/2015 2:09:06 PM CHRISTOPHER A. PRINE Clerk
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1. Appellant is Pointe West Center, LLC (“Pointe West”). 

Appellees/Cross-Appellants are It’s Alive, Inc. and Shamil Qureshi (hereinafter 

referred to as “It’s Alive and Qureshi”) 

2. The Trial Court (Harris County Civil Court at Law No.1) signed the 

Final Judgment on June 18, 2014. The Final Judgment awarded Appellant 

damages in the amount of Fifteen Thousand Dollars ($15,000.00) for damages to 

the leased premises by It’s Alive. The Judge refused to grant Appellant’s Motion 

for Judgment N.O.V. to award Appellant damages of an additional Five Thousand 

Dollars ($5,000.00) as holdover rent and failed to award Appellant attorney’s fees 

of approximately Fifty Thousand Dollars ($50,000.00). 

3. After the Appellant’s Motion for Judgment N.O.V. and Motion for 

Reconsideration were denied, Pointe West filed its Notice of Appeal on September 

17, 2014. 

4. On September 23, 2014, It’s Alive and Qureshi filed their notice of 

appeal. This notice of appeal was timely pursuant to TRAP 26.1(d) because the 

Notice of Appeal was filed within fourteen days after the Appellant Pointe West 

Plaintiff filed its Notice of Appeal. At trial It’s Alive and Qureshi had moved 

for an instructed verdict on the basis that Pointe West had not presented legally 

sufficient evidence of its reasonable cost of repair damages and therefore no 

award of damages should have been entered in favor of Pointe West. It’s Alive 
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and Qureshi have filed their cross-appeal contesting the award of damages in 

the Judgment to Appellant. 

5. On February 25, 2015, the Court of Appeals granted Pointe West’s 

motion to extend the time for the filing of its Appellant’s Brief to February 23, 

2015. As a result, It’s Alive and Qureshi’s Appellees’ Brief is due March 25, 

2015. 

6. Appellees’ counsel had intended to raise Appellees’ cross-appeal 

issues in their appeal by cross-points. However, it is not clear to Appellees’ 

counsel whether these issues should be raised in Appellees’ brief as cross-points or 

whether these issues should be raised in a separate brief as Cross-Appellant. In 

Byrd v. Estate of Nelms, 154 S.W.3d 149, 165 (Tex. App.—Waco 2004, pet. 

denied) the Court of Appeals noted that the Texas Rules of Appellate Procedure do 

not clearly delineate when a cross-appellant must file its brief raising issues on a 

cross-appeal. The Court of Appeals noted that if both parties had presented 

themselves as appellants it would have presented the possibility of confusion with 

respect to the references to the parties in the opinion. The Court of Appeals 

decided to exercise their discretion and allow the appellee in that case to have its 

cross-appeal point to be considered by cross-point in the appellee’s brief. 

7. Out of an abundance of caution, It’s Alive and Qureshi request that 

the time for filing Appellees/Cross-Appellants’ Brief on its appeal be extended by 
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thirty days so that Appellees/Cross-Appellants’ Appellees’ Brief and CrossAppellants’ Brief would be due at about the same time. Alternatively, if the Court 

of Appeals determines that Appellees/ Cross-Appellants should include their crossappeal issues as cross-issues in its Appellees’ Brief, then Appellees/CrossAppellants will file one brief on or before March 25, 2015. 

Appellees/Cross-Appellants request that the Court of Appeals grant this 

Motion to Extend Time for filing of Appellees/Cross-Appellants’ Appellants’ Brief 

until March 25, 2015, or alternatively, order that Appellees/Cross-Appellants may 

raise their cross-appeal points as cross-points in their Appellees’ Brief, or for such 

other and further relief to which they may be entitled.

Respectfully submitted,

DUNN, NEAL & GERGER, L.L.P.

By: ____/s/ James A. Dunn _____________

James A. Dunn

Texas Bar No. 06244800

3006 Brazos Street

Houston, Texas 77006

Tel.: (713) 403-7405

Fax.: (713) 960- 0204

Email: jdunn@dnglegal.com

Attorney for Appellees/Cross 

Appellants
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CERTIFICATE OF CONFERENCE

On February 24, 2015, Appellant’s Counsel, Spencer E. Dunn, indicated he 

was not opposed to this Motion to Extend Time for Filing Brief for thirty days.

___/s/ James A. Dunn ____________

James A. Dunn

CERTIFICATE OF SERVICE

I certify that on February 27, 2015, a true and correct copy of the foregoing 

instrument was served on Appellant’s counsel, Spencer E. Dunn, 4669 Southwest 

Freeway, Suite 760, Houston, Texas 77027, by electronic service through the efiling case manager in accordance with the Texas Rules of Civil Procedure.

______/s/ James A. Dunn___

James A. Dunn