Opinion
08-24-00084-CV
06-27-2024
ELEAZER M. MASIMULA, Appellant, v. BETHANY ERIN MASIMULA, Appellee.
Appeal from the 383rd District Court of El Paso County, Texas (TC# 2023DCM2580)
Before Alley, C.J., Palafox and Soto, J.J.
ORDER
Pursuant to Texas Rule of Appellate Procedure 10.4 (a) the motion ruled on through this Order may have been decided by a single Justice sitting on the panel.
By order dated May 14, 2024, this Court abated the above styled and numbered cause for mediation pursuant to Texas Civil Practice and Remedies Code § 154.021. We ordered the parties to confer and agree upon a qualified mediator, as defined by Texas Civil Practice and Remedies Code § 154.052 before June 3, 2024. Our order gave Appellee ten days to object to mediation referral. No objection was received during the ten-day period.
On June 4, 2024, Appellant filed a motion to appoint a mediator. His motion states that he conferred with counsel for Appellee, who stated she intended to oppose the order for mediation referral. On June 24, 2024, Appellee filed a combined motion for extension of time to respond to Appellant's motion to appoint a mediator and extension of time to respond to this Court's Order referring the cause to mediation. Appellee's motion for extension of time to respond to this Court's mediation referral is DENIED as untimely.
Appellee's motion for extension of time to respond to Appellant's motion to appoint a mediator is DENIED, and Appellant's motion to appoint a mediator is DENIED. The parties are ORDERED to jointly select a qualified mediator, either a private mediator qualified under Texas Civil Practice and Remedies Code § 154.052, or through the El Paso County Dispute Resolution Center. Mediation shall be completed within sixty days of the date of this order. The case shall remain abated during such time. All parties or their representative with full settlement authority shall attend the mediation process, with their counsel of record, either in person or through a suitable teleconferencing platform. The mediator and parties shall file a report of the completion of mediation within forty-eight hours of the conclusion of mediation advising the Court of:
- whether there has been a full, partial, or no resolution of the case;
- whether further negotiations are planned;
- and what compensation has been paid to the mediator and by whom.
In the event that no resolution is reached and no further negotiations are planned, or in the event that the parties reach a partial resolution, the parties will file a motion with this Court requesting that the Court issue an order reinstating the case. The motion will accompany the above-mentioned forty-eight hours report.
The Court further ORDERS, in the event of a full resolution of the issues in this case, that the parties file a joint motion in compliance with Texas Rule of Appellate Procedure 42.1(a)(2), within ten days of the conclusion of mediation. See Tex. R. App. P. 42.1(a)(2) (listing the requirements for a joint motion to dismiss).
IT IS SO ORDERED.