LLC v. Melanie Slavens, both personally and as administrator of the Estate of James Kenneth Slavens, Petitioner (Respondent below). (2016)

I.A.R. 32(c) and (d)

RESPONDENTS' MOTION TO FILE PETITION FOR REHEARING 1-DAY LATE

I.A.R. 32(c) Motion: Respondents, James Adam Slavens, Alexa Slavens and Tanner Slavens, respectfully request permission of this Court to file their Petition for Rehearing one-day late.

I.A.R. 32(d) Statement Accompanying Motion: The Petition for Rehearing was due on 11.24.2016, Thanksgiving Day, as the Court's opinion issued on 11.3.2016. The Respondents communicated their desire to file for a rehearing in the evening of Thanksgiving Day (11.24.2016); the undersigned misunderstood the day after Thanksgiving Day, i.e., Friday, 11.25.2016, that the Court's clerk's office was closed when in fact it was open.

The Respondents have not previously requested additional time in this litigation, either at the district court level or before this Court, but request that the Court deem their Petition for Rehearing, filed with the Court's clerk's office on 11.28.2016, as timely.

By way of further Statement, the Respondents further submit their Brief for Rehearing herewith (which if this Motion is granted, the Brief for Rehearing will also be that as contemplated by I.A.R. 42(b)). This Brief was researched and prepared over the last three days. As is evident from that Brief, a rehearing by this Court at this time will efficiently move this litigation to conclusion rather than have the district court deal with issues raised in the Brief only to perhaps return to this Court by way of further appeal after that before resolved.

Therefore, Respondents respectfully request that the Court grant this Motion, deeming the Petition for Rehearing filed with the clerk on 11.28.2016 to be timely.

John Simmons for Respondents

CERTIFICATE OF FILING/SERVICE

I hereby certify that on the 29th day of November, 2016, I caused to be properly served by the method specified in IDAHO APPELLATE RULES 20 the original and true and correct copies as noted by properly mailing in the United States mail with postage prepaid of the foregoing Respondents' Motion to File Petition for Rehearing 1-day Late, as so specified for each, to

William A Parsons Esq

Randolph C Stone Esq

Parsons, Smith, Stone, Loveland & Shirley LLP

PO Box 910

Burley ID 83318-0910

2 copies

Clerk of the Court

Supreme Court Building

PO Box 83720

Boise ID 83720-2210

Original

6 copies

1 unstapled copy

John Simmons

DATE CERTIFIED: November 29, 2016