Opinion
No. 07-02-0461-CV.
October 7, 2003.
Appeal from the 128th District Court Of Orange County; No. A000482-C; Honorable Pat Clark, Judge.
PANEL A: JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
ORDER LIFTING STAY
On April 25, 2003, appellees filed a motion to mediate the underlying controversy prior to submission of this appeal. The motion was taken under advisement and the parties were notified by letter dated May 13, 2003, that this Court would be hearing cases in Beaumont in July. The Court suggested that if the parties were not ready to present oral argument in Beaumont, that they file an agreed motion to submit this appeal in Amarillo this fall should mediation prove unsuccessful. An agreed motion was filed by which the parties requested a setting in Amarillo at the earliest time after August 11, 2003. On May 29, 2003, this Court issued an order that the appeal be stayed until October 1, 2003, to allow time for mediation. The order also provided that in the event the controversy was not settled by the October 1 deadline, the appeal would proceed on the docket and be set for oral argument in Amarillo in November or December 2003. The deadline has lapsed and the parties have not communicated the status of the controversy to the Clerk of this Court.
Accordingly, the order for stay is lifted and the appeal will proceed in due course and be set for oral argument in November 2003, in Amarillo, Texas.
It is so ordered.