# 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 ., Appellant s/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

UNOPPOSED THIRD MOTION TO EXTEND TIME TO FILE APPELLEE’S/CROSS

- APPELLANT’S BRIEF

Appellee /Cross

- Appellant Ellen Chesloff files this Unopposed Third
Motion asking for a thirty

- day extension, to June 1, 2015 , to file her

Appellee’s/Cross-Appellant’s Brief in this case.

I. BACKGROUND
Appellants appeal the April 25, 2014 Final Judgment entered against
them in the underlying case. Appellee noticed a cross

- appeal of that Final

U NOPPOSE D T HIRD M OTION TO E XTEND T IME TO FILE A PPELLEE ’ S /C ROSS -A PPELLANT ’ S B RIEF P AGE 1 OF 5 ACCEPTED 01-14-00417-cv FIRST COURT OF APPEALS

HOUSTON, TEXAS 4/21/2015 2:03:19 PM CHRISTOPHER PRINE

CLERKJudgment as well. The Clerk’s Record was filed on June 23, 2014 and the

Reporter’s Record was filed on November 25, 2014.
Appellants filed their brief on January 29, 2015

. Appellee’s/Cross

Appellant’s brief is currently due , on second extension, no later than May

1 , 2015.

II. REQUESTED EXTENSION
This is Appellee’s /Cross

- Appellant’s third request for an extension.

T he following matters have prevented the undersigned from devoting

sufficient time to prepare that brief.

1. The undersigned is lead counsel and just finished preparing the appellees’ brief in Double Diamond

- Delaware, Inc., et a l. v. Jeanette Alfonso, et al., No. 13

- 14

- 00324

- CV, in the Thirteenth Court of Appeals. That appellees’ brief, which in volved an 8

- volume, 4,3 00 page clerk’s record, and a 5

- volume reporter’s record, involved complicated issues regarding the propriety of maintenance assessments by a property owner’s association, as well as a complex venue challenge involving multiple parties

. That brief, which was filed on April 20, 20 1 5, consumed much more of the undersigned’s time over the past month than he anticipated

.

2. The undersigned is lead counsel and responsible for preparing a reply brief in Hardriders Motorcycle Club Association, et al. v. Hardriders, Inc., No. 14

- 14

- 00234

- CV, in the Fourteenth Court of Appeals. That reply brief is due to be filed on April 2 7, 2015, and is set for oral argument on June 11, 2015.

U NOPPOSE D T HIRD M OTION TO E XTEND T IME TO FILE A PPELLEE ’ S /C ROSS
- A PPELLANT ’ S B RIEF P AGE 2 OF 53

. The undersigned is lead counsel and responsible for preparing the appellant’s brief in Perry J. Luig v. North Bay Enterprises, Inc., No. 15

- 10087, in the United States Court of Appeals for the Fif th Circuit. The appellant’s brief is due to be filed no later than May 4, 2015.

4. The undersigned is lead counsel and responsible for preparing a reply brief in Wanda Young, et al. v. Pulte Homes of Texas, LP, et al., No. 02

- 14

- 00224

- CV, in the Second Court of Appeals. That reply brief is due to be filed on May 7, 2015.

5. The undersigned was retained earlier this month as lead appellate counsel to defend a $6.5 million verdict that was entered in late March 2015 in Rolando Cumpian v. Joeris General C ontractors, Ltd., No. 2013

- CI

- 14392, in the 285 th District Court of Bexar County, Texas. The trial court has set a hearing on May 7, 2015 at which time Plaintiff’s Motion to Enter J udgment and the Defendant’s Motion for Judgment Notwithstanding the Verdict (and possibly a Motion for New Trial) will be heard. Defendants’ Motion for Judgment Notwithstanding the Verdict is to be filed today, giving the undersigned approximately 10 days to respond to it. Accordingly, the bulk

— if not all

— of the und ersigned’s time between now and the May 7 th hearing will need to be devoted to this matter.

These and other day

- to

- day matters have and will prevent the undersigned
from devoting the time necessary to prepare the Appellee’s/Cross

Appellant’s brief in this case by the current deadline. This request is
sought not solely for delay, but in order that the Appellee’s/Cross

Appellant ’ s Brief and the issues to be presented therein may be clearly and
concisely presented to this Court and so that justice may be ser ved.

U NOPPOSE D T HIRD M OTION TO E XTEND T IME TO FILE A PPELLEE ’ S /C ROSS
- A PPELLANT ’ S B RIEF P AGE 3 OF 5III. CERTIFICATE OF CONFERENCE

On April 20 , 2015, the undersigned contacted lead appellate counsel

for Appellants, Barham Lewis , regarding the substance of this Motion. Mr.

Lewis once again graciously advised that he and his clients were

unopposed to the relief being requested

.

IV. PRAYER

For these reasons, Appellee /Cross

- Appellant respectfully request s
that this Court grant her unopposed motion and extend the time to file her

Appellee’s /Cross

- Appellant’s Brief to June 1, 2015 , and for su ch other and
further relief to which they may be justly and equitably entitled.
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

U NOPPOSE D T HIRD M OTION TO E XTEND T IME TO FILE A PPELLEE ’ S /C ROSS
- A PPELLANT ’ S B RIEF P AGE 4 OF 5Ronald 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

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Unopposed Third Motion to Extend Time to File Appell ee’s/Cross

- Appellant’s Brief has been forwarded to the following counsel of record on this 21st day of April 2015 , pursuant to Texas Rule of Appellate Procedure 9.5(b)(1).

Barham Lewis Barham.Lewis@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. Spal ding Thad D. Spalding

U NOPPOSE D T HIRD M OTION TO E XTEND T IME TO FILE A PPELLEE ’ S /C ROSS
- A PPELLANT ’ S B RIEF P AGE 5 OF 5