Opinion
01-20-00688-CV
02-22-2024
CLAYTON WOODS HOMEOWNERS ASSOCIATION, INC., Appellant v. PATRICIA ORTIZ, INDIVIDUALLY AND ELITE ASSOCIATION MANAGEMENT COMPANY, INC., BERTRAM GARNER, CHARLES MACHAUER AND TYRONE MORGAN, Appellees
On Appeal from the 334th District Court Harris County, Texas Trial Court Cause No. 2017-26455
ABATEMENT ORDER AND NOTICE OF REFERRAL TO MEDIATION
Terry Adams, Chief Justice
The Court has determined that it is appropriate to refer this appeal to mediation. See Tex. Civ. Prac. & Rem. Code §§ 154.021, 154.022(a), 154.023. The Court therefore orders that this appeal is hereby abated and referred to mediation unless any party to the appeal files an objection with the Clerk of the Court within 10 days of the date of this Order-which also is the date that this Order and Notice was sent electronically to all parties.
If the Court finds that there is a reasonable basis for any such objection, the objection shall be sustained and the appeal reinstated on the Court's active docket. See id. § 154.022(c).
In the absence of a timely objection to mediation that is sustained by the Court, the parties shall expeditiously choose a qualified mediator and agree on a reasonable fee for the mediator's services. See id. §§ 154.052, 154.054(a). The Court will consider the agreed fee for the mediator's services to be reasonable and tax that fee as a cost of the appeal unless the parties agree to another method of payment. See id. § 154.054.
All parties, or their representative with full settlement authority, shall attend the mediation with their counsel.
No later than 50 days after the date of this Order and Notice, the parties and the mediator shall advise the Clerk of this Court, in writing, whether the parties did or did not settle the underlying dispute.
This appeal is therefore abated, treated as a closed case, and removed from the Court's active docket. Subject to the terms above, this appeal will be reinstated on the Court's active docket when a motion stating the grounds for reinstatement is filed with the Court by any party to the appeal and sustained by the Court.