Opinion
08-23-00243-CV
09-25-2023
James E. White, IV, individually and as as beneficiary of the Jane White Trust; Marti White Wright, individually and as a beneficiary of the Jane White Trust; and Clinton Wesley White, individually and as a beneficiary of the Jane White Trust, by and through his next friend, James E. White, IV,Appellants, v. Edward McMinn White, Individually and as Trustee of the Edward McMinn White Trust, and Beauregard Brite White, Individually and as Trustee of the Beauregard Brite White Trust and Susan Combs, Temporary Interim Trustee of the White Division Trusts,Appellees.
Appeal from the 394th District Court of Presidio County, Texas (TC# 7856)
Before Rodriguez, C.J., Palafox and Soto, JJ.
ORDER FOR MEDIATION REFERRAL
PER CURIAM
The Court has determined that this case is appropriate for referral to mediation pursuant to Tex.Civ.Prac.&Rem.Code Ann. § 154.021, et seq., and ORDERS this case referred to mediation. Any objection to this order must be filed with this Court and served upon all parties within five (5) days of the date of this order. An objection untimely filed may be considered waived.
The Court further ORDERS that the parties shall, within ten (10) days of this order, or within five (5) days of an adverse ruling on an objection, confer and attempt to agree upon a mediator qualified under Tex.Civ.Prac.&Rem.Code Ann. §154.052. The parties shall notify the Court of the name, address, telephone and fax number of the mediator. If the parties are unable to agree upon a qualified mediator, the parties are directed to immediately notify the Court in writing, and upon receipt, the Court will enter an order reestablishing the appellate timetable.
The Court further ORDERS that the mediation be held within twenty (20) days of this order and that the appeal be abated during such time. All parties or their representative with full settlement authority shall attend the mediation process, with their counsel of record. The mediator and parties shall file a report of the completion of mediation within forty-eight (48) hours of the conclusion of mediation advising the court of:
• full, partial, or no resolution of the case;
• whether further negotiations are planned; and
• compensation paid to the mediator and by whom.
In the event no further negotiations are planned and there is no resolution, or a partial resolution of the case occurs, the parties will file a motion with this Court requesting that the Court issue an order reinstating the appeal. This motion will accompany the above-mentioned forty-eight (48) hours report.
The Court further ORDERS, in the event of full resolution of the issues in this case, that the parties file a joint dispositive motion within ten (10) days of the conclusion of mediation.
IT IS SO ORDERED.