Opinion
NUMBER 13-17-00144-CV
08-16-2017
SUBSEA 7 PORT ISABEL, LLC, Appellant, v. PORT ISABEL LOGISTICAL OFFSHORE TERMINAL, INC., Appellee.
On appeal from the 107th District Court of Cameron County, Texas.
ORDER ABATING APPEAL AND REFERRING CASE TO MEDIATION
Before Justices Rodriguez, Contreras, and Benavides
Order Per Curiam
Appellee/cross-appellant Port Isabel Logistical Offshore Terminal, Inc. (PILOT) filed suit against appellant/cross-appellee Subsea 7 Port Isabel, LLC (Subsea 7), complaining of Subsea 7's alleged renewal of a sublease of property described as the 26.983 acre tract of land in Port Isabel, Texas (the Property), which PILOT leases from the Navigation District. Subsea 7 countersued PILOT.
On December 13, 2016, the trial court entered a final judgment based on the jury's verdict. The judgment set out that PILOT was entitled to "judgment against Subsea 7 on PILOT's claims for trespass, trespass to try title, and a declaratory judgment that the certain sublease between PILOT and Subsea 7 dated April 29, 2008, . . . was not renewed by Subsea 7." The judgment further stated that the jury found against Subsea 7 on all of its affirmative defenses and claims. The trial court also granted a directed verdict in favor of Subsea 7 on PILOT's "claims for breach of the sublease related to use of the dock and breach of that certain Master Services Agreement dated April 16, 2008." The court awarded PILOT $634,710 plus pre- and post-judgment interest on PILOT's claim for trespass against Subsea 7. Under the judgment, PILOT recovered from Subsea 7 all use and benefit and possession of the real property at issue, and PILOT was entitled to a writ of possession beginning on thirty days from the date of the judgment. Subsea 7 then filed a motion to set a supersedeas bond, which the trial court set at $485,694 for twelve months or $40,474.50 per month.
In March 2017, each party appealed the judgment. Subsequently, PILOT filed a rule 24.4 motion to review the supersedeas bond amount. We denied PILOT's motion on August 2, 2017. The clerk's record, reporter's record, and supplemental reporter's record have been filed. Allowing for extensions of time requested and granted for the filing of the appellate record and for briefing, appellant Subsea 7's brief is now due on August 25, 2017, and cross-appellant PILOT's brief is due on August 24, 2017.
Having reviewed the record, the Court has determined that this appeal should be referred to mediation. Accordingly, it is ORDERED that this appeal be ABATED and the issues in this appeal be mediated under the following terms and conditions:
1. The parties must promptly agree upon a mediator and, within seven days of this Order, notify the Court in writing of the name and address of the mediator selected. If the parties are unable to agree upon a mediator, they must so notify the Court within the seven-day period.
2. All parties must confer with their mediator within seven days of the date of this Order to establish a date and place for the mediation. The parties shall agree on a date for the mediation that is consistent with the mediator's schedule and is no later than thirty days after the date of this Order. In the event the parties cannot agree on a date, the mediator shall select and set a date. The mediator shall notify the Court of the date selected for the mediation.
3. In the discretion of the mediator, each party may be required to provide a confidential memorandum and/or information sheet setting forth the issues of the case and their positions on these issues. Additionally, upon request of the mediator, the parties shall produce all information the mediator deems necessary to understand the issues of the case. The memorandum and/or information sheet and other information produced to the mediator will not be made a part of the file in this case and will be destroyed by the mediator at the conclusion of the mediation proceeding.
4. All parties to this matter or their authorized representatives, accompanied by their counsel, must appear and attend the mediation proceeding.
5. Mediation is a non-binding settlement conference conducted with the assistance of a mediator. The mediation proceeding will be confidential within the meaning of the Texas Civil Practice and Remedies Code sections 154.053 and 154.073. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 154.053, 154.073 (West, Westlaw through Ch. 49, 2017 R.S.).
6. Unless otherwise agreed, the mediation proceeding will not be recorded.
7. The mediator will negotiate a reasonable fee with the parties. The mediator's fee will be borne equally by the parties unless otherwise agreed by the parties, and will be paid directly to the mediator. If
the parties do not agree upon the fee requested by the mediator, the Court will set a reasonable fee, which shall be taxed as costs. See id. § 154.054 (West, Westlaw through Ch. 49, 2017 R.S.).
8. Within two days after the conclusion of the mediation, the mediator shall certify to this Court as follows: (a) whether the parties appeared as ordered, (b) whether the case settled, and (c) whether the mediation fees were paid in accordance with the court's order or as otherwise agreed by the parties.
9. If mediation fully resolves the issues in this case, the parties must file a joint or agreed motion with this Court seeking dispositive relief within seven days of the conclusion of the mediation. If the parties need more time to effectuate the terms of the settlement agreement, they must, within seven days of the conclusion of mediation, file a joint or agreed motion for an extension of time to file their disposition motion.
It is FURTHER ORDERED that this case is ABATED pending this Court's review of the mediator's report and further order of this Court.
IT IS SO ORDERED.
PER CURIAM Delivered and filed the 16th day of August, 2017.