No. 14-15-00633-CV

IN THE FOURTEENTH COURT OF APPEALS

OF HARRIS COUNTY OF TEXAS

_______________________________________________________

RANDY L. YESKE,

Ap p e llant,

v.

PIAZZA DEL ARTE, INC. SWISS INTERNATIONAL, INC., D/B/A SWISS 

BUILDERS, TINO BEKARDI, DAVID E. KASSAB AND PAUL GARNEY,

Ap p e lle e s.

___________________________________________________________

Appeal from the 164 Judicial District Court, Harris County, Texas th

Trial Court Cause No. 2013-46578

APPELLANT’S FIRST MOTION FOR EXTENSION

OF TIME TO FILE BRIEF

TO THE HONORABLE SUPREME COURT:

COMES NOW, Appellant RANDY L. YESKE file this his First Motion for

Extension of Time to File Appellant’s Brief, and would respectfully show: 

BACKGROUND

1. The present deadline for filing Appellant’s brief is December 14, 2015.

2. Appellant seeks a thirty day extension of time, until January 13, 2016, to file

Appellant’s brief.

3. This is the first request for an extension of time to file Appellant’s brief.

ACCEPTED

14-15-00633-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

12/10/2015 4:41:57 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 12/10/2015 4:41:57 PM CHRISTOPHER A. PRINE Clerk
4. This motion is unopposed by Appellees Swiss International Inc. d/b/a

Swiss Builders, and Tino Bekardi . Counsel for David Kassab (and Piazza Del Arte,Inc.

and Paul Garney) is representing his nephew. Because the underlying case is personal for

counsel Lance Kassab, it is not possible to engage in professional communication. Mr.

Kassab refuses to speak to counsel for Appellant. 

5. The following grounds provide “good cause” for an extension of time to

file Appellant’s Brief. Lead appellate counsel for Appellant, Kenneth A. Zimmern, is

engaged in other litigation with imminent deadlines that have prevented him from

completing Appellant’s Brief before the current deadline, including, but not limited to,

the following:

! Preparation for, and participation in two evidentiary hearingsin Applicant’s

Second Application for Appointment of Temporary Administration in

Cause No. 441165; In the Estate of Mary Olive Hull Calkins, Deceased; In

Probate Court No. 4 of Harris County, Texas.

! Preparation of, and filing of, Respondents’ Brief on the Merits in the

Supreme Court of Texas in Cause No. 14-1026; Richard Stephen Calkins, as

Agent-in-Fact for Mary Olive Calkins, and Michael Easton v. G. Wesley Urquhart,

P.C. et a; No. 01-13-00118-CV; (Tex. App.–Houston [1 Dist.] appeal st

pending.) 

! Preparation for, and participation in hearings in Cause No. DC-14-11352;

John Key v. 701 Katy Building, LP, et al; In the 101 Judicial District Court of st

Dallas County, Texas.

! Preparation for, and participation, in jury trial in Cause No. 1051505;Quincy

Sintim and Shirley Sintim v. Castle International Furniture Corporation d/b/a Castle

Furniture; In the County Civil Court at Law Number Two (2) of Harris

County, Texas.

Yeske’s First Motion for Extension of Time to File Brief 2
! Preparation for, and participation in hearing on a temporary restraining

order in Cause No. 2015-69770; High Impact Furniture Promotions, LLC. v.

Ayman Refaie d/b/a Castle Furniture; In the 165 Judicial District of Harris th

County, Texas.

6. This motion is not filed for the purpose of delay, but to allow counsel

adequate time to prepare Appellant’s brief. 

7. This request for extension of time was a last resort and unavoidable. 

PRAYER.

WHEREFORE, PREMISES CONSIDERED, Appellant RANDY L YESKE

respectfully requests that the deadline for filing Appellant’s Brief be extended to and

including Wednesday, January 13, 2016.

Respectfully submitted,

ZIMMERN LAW FIRM, P.C.

Ke n n e th A. Zim m e rn

/s/________________________________

Kenneth A. Zimmern

State Bar No. 22276880

3700 Montrose Blvd.

Houston, Texas 77006

Telephone: (713) 529-4999

Facsimile: (713) 523-4747

attorney@zimmern.com

ATTORNEY FOR APPELLANT

RANDY L. YESKE

Yeske’s First Motion for Extension of Time to File Brief 3
CERTIFICATE OF CONFERENCE

In accordance with Rule 10.1 of the Texas Rules of Appellate Procedure, I certify

that I spoke with or communicated with opposing counsel for Appellees Swiss

International Inc., d/b/a Swiss Builders and Tino Bekardi is unopposed. Counsel for

Appellees Piazza Del Arte’Inc., David E. Kassab, and Paul Garney is opposed, regarding

this motion. 

Ke n n e th A. Zim m e rn

/s/_____________________________

Kenneth A. Zimmern

CERTIFICATE OF COMPLIANCE

I hereby certify that Appellant the word count in this document is 429 words and

it complies with the Texas Rules of Appellate Procedure. This motion is not a brief.

Ke n n e th A. Zim m e rn

/s/_____________________________

Kenneth A. Zimmern

CERTIFICATE OF SERVICE

I hereby certify that on this 10 day of December, 2015, a true and correct copy th

of the above and foregoing First Motion for Extension of Time to File Appellant’s Brief

was properly forwarded to all counsel of record in accordance with Rule 9.5 of the Texas

Rules of Appellate Procedure, by facsimile, as follows:

Ke n n e th A. Zim m e rn

/s/_____________________________

Kenneth A. Zimmern

Yeske’s First Motion for Extension of Time to File Brief 4
SERVICE LIST

Mr. M. Micah Kessler

NISTICO, CROUCH & KESSLER, P.C.

1900 West Loop South, Suite 800

Houston, Texas 77027

Tel. (713) 781-2889

Fax: (713) 781-7222

mkessler@nck-law.com

Attorney for Appellees

Swiss International Inc., d/b/a 

Swiss Builders and Tino Bekardi

Mr. Lance Christopher Kassab

THE KASSAB LAW FIRM

1420 Alabama 

Houston, Texas 77004

Tel. (713) 522-7400

Fax: (713) 522-7410

lck@texaslegalmalpractice.com

Attorney for Appellees

Piazza Del Arte’ Inc., David E. Kassab,

and Paul Garney

Yeske’s First Motion for Extension of Time to File Brief 5