Thursday, February 11, 2010

Mediation Ordered on Appeal -- But not quite consummated

Houston appellate panel disses appeal for failure to comply with mediation order. Jones v. Union Pacific RR Co. (Tex.App. - Houston [14th Dist.] Feb. 11, 2010)(per curiam dismissal) (appeal dismissed for noncompliance with terms of mediation order) MEMORANDUM OPINION This is an appeal from a judgment signed March 27, 2009. On July 9, 2009, this court ordered the parties to mediation. The order states, in pertinent part, “If mediation fully resolves the issues in the case, the court ORDERS the parties to file a joint dispositive motion within 10 days of the conclusion of the mediation. If the parties need more time to effectuate the terms of the settlement agreement, they shall, within 10 days of the conclusion of the mediation, file a joint or agreed motion for an extension of time to file their dispositive motion.” On September 29, 2009, the court was advised the parties did not settle at mediation, but that a tentative agreement was reached and the parties hoped to complete the settlement within thirty days. More than thirty days passed, and no notice that the settlement had been completed was filed. On December 3, 2009, the court ordered the parties to file a response within fifteen days informing the court of the status of the settlement of this case. No response was filed. On January 6, 2010, notification was transmitted to all parties of the court’s intention to dismiss the appeal for failing to comply with this court’s December 3, 2009, order, unless a response was filed within fifteen days demonstrating good cause to continue the appeal. See Tex. R. App. P. 42.3(c). No response was filed. Accordingly, the appeal is ordered dismissed. PER CURIAM DISMISSED: Per Curiam Panel members: Chief Justice Hedges, Justice Anderson and Justice Christopher 14-09-00541-CV Donald R. Jones, Sr. v. Union Pacific Railroad Company [pdf version] Appeal from 164th District Court of Harris County Trial Court Judge: Alexandra Smoots-Hogan

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