Opinion
No. 10-06-00039-CV
Dissenting opinion delivered and filed March 8, 2006.
Original Proceeding.
This Court, as far as I can determine, has never selected, contacted, confirmed the willingness to be appointed, and then appointed a mediator in a case without first giving the parties an opportunity to agree upon and select their own mediator. I find no explanation, and have been given none, as to why the majority has changed our procedures for this case. In this case, the majority is appointing a former district judge from Brazos County as the mediator and requiring the mediation to occur in Brazos County, a county other than the county where the case is pending. We have never done this before, and I find no legitimate reason to do it in this case. I would not alter our consistent practice of allowing the parties to agree upon a mediator, and if they are unsuccessful, only then would the Court appoint a mediator. I can offer you no explanation of why we would not let the mediator determine where the mediation will occur. Therefore, I dissent to the mediation order as rendered.
DISSENTING OPINION TO CONDITIONAL REQUEST FOR A RESPONSE
As to the merits of the Petition for Writ of Mandamus, I would not request a response. I would deny the petition without an opinion. TEX. R. App. P. 52.8(d). Therefore, I dissent to the conditional request for a response to the Petition for Writ of Mandamus.
DISSENTING OPINION TO STAY OF PROCEEDINGS
I would dismiss the emergency motion to stay proceedings as moot because I would have already ruled upon the pending petition for writ of mandamus. Therefore, I dissent to the granting of a stay of any proceedings in the underlying case.