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Tye v. Shuffield

Court of Appeals of Texas, Fifth District, Dallas
Apr 13, 2023
No. 05-22-00163-CV (Tex. App. Apr. 13, 2023)

Opinion

05-22-00163-CV

04-13-2023

SALLY TYE F/K/A SALLY S. SHUFFIELD, INDIVIDUALLY AND AS CO-TRUSTEE OF THE SHUFFIELD LIVING TRUST, Appellant v. RODNEY M. SHUFFIELD, INDIVIDUALLY AND AS CO-TRUSTEE OF THE SHUFFIELD LIVING TRUST, Appellee


On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-02071-2020

ORDER

CRAIG SMITH, PRESIDING JUSTICE

This case is appropriate for mediation pursuant to Chapter 154 of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code §§ 154.001- .073. Accordingly, we ORDER this case referred to mediation. Any objection to this Order must be filed and served upon all parties within 10 days from the date of this Order; an objection that is neither timely filed nor ruled upon before the scheduled mediation may be waived.

Mediation is a mandatory but nonbinding settlement conference, conducted with the assistance of the mediator. Mediation is private, confidential and privileged. After mediation, the mediator will advise the Court only that the case did or did not settle.

Within 14 days of the date of this order, the parties must agree upon the person who will act as mediator and notify this Court of the mediator's name and contact information. Unless the mediator agrees to mediate without fee, the mediator will negotiate a reasonable fee with the parties, which shall be divided and borne equally by the parties unless agreed otherwise, paid by parties directly to the mediator, and taxed as costs. 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. All parties and their counsel are bound by the mediation rules attached to this order and shall complete the information forms furnished by the mediator.

Before the first scheduled mediation session, all parties shall provide the mediator and all attorneys of record with an information sheet setting forth their positions about the issues that need to be resolved. At or before the first session, all parties shall produce all information necessary for the mediator to understand the issues presented. The mediator may require any party to supplement the information provided.

Named parties shall be present during the entire mediation process and each corporate party must be represented by an executive officer with authority to settle. Mediation shall take place at a time to be agreed by the parties and the mediator. Failure or refusal to attend the mediation as scheduled may result in the imposition of sanctions, as permitted by law. The mediator shall notify the Court about the outcome of the mediation within 10 days of the conclusion of the mediation session.


Summaries of

Tye v. Shuffield

Court of Appeals of Texas, Fifth District, Dallas
Apr 13, 2023
No. 05-22-00163-CV (Tex. App. Apr. 13, 2023)
Case details for

Tye v. Shuffield

Case Details

Full title:SALLY TYE F/K/A SALLY S. SHUFFIELD, INDIVIDUALLY AND AS CO-TRUSTEE OF THE…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Apr 13, 2023

Citations

No. 05-22-00163-CV (Tex. App. Apr. 13, 2023)