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 

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 

UNOPPOSED THIRD MOTION TO EXTEND TIME TO FILE

APPELLEE’S/CROSS-APPELLANT’S BRIEF PAGE 1 OF 5 

ACCEPTED

01-14-00417-cv

FIRST COURT OF APPEALS

HOUSTON, TEXAS

4/21/2015 2:03:19 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/21/2015 2:03:19 PM CHRISTOPHER A. PRINE Clerk
Judgment 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/CrossAppellant’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. 

The 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 al. v. Jeanette 

Alfonso, et al., No. 13-14-00324-CV, in the Thirteenth Court of 

Appeals. That appellees’ brief, which involved an 8-volume, 

4,300 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, 2015, 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 27, 2015, 

and is set for oral argument on June 11, 2015.

UNOPPOSED THIRD MOTION TO EXTEND TIME TO FILE

APPELLEE’S/CROSS-APPELLANT’S BRIEF PAGE 2 OF 5
3. 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 Fifth 

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 

Contractors, Ltd., No. 2013-CI-14392, in the 285th 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 Judgment 

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 

undersigned’s time between now and the May 7th 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/CrossAppellant’s brief in this case by the current deadline. This request is 

sought not solely for delay, but in order that the Appellee’s/CrossAppellant’s Brief and the issues to be presented therein may be clearly and 

concisely presented to this Court and so that justice may be served. 

UNOPPOSED THIRD MOTION TO EXTEND TIME TO FILE

APPELLEE’S/CROSS-APPELLANT’S BRIEF PAGE 3 OF 5
III. 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 requests

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 such 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

KELLY, DURHAM & PITTARD, LLP

PO Box 224626

Dallas, TX 75222

Telephone: 214.946.8000

Facsimile: 214.946.8433

and

UNOPPOSED THIRD MOTION TO EXTEND TIME TO FILE

APPELLEE’S/CROSS-APPELLANT’S BRIEF PAGE 4 OF 5
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

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this Unopposed Third

Motion to Extend Time to File Appellee’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

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

UNOPPOSED THIRD MOTION TO EXTEND TIME TO FILE

APPELLEE’S/CROSS-APPELLANT’S BRIEF PAGE 5 OF 5