Natalie G. Tise and Scott M. Witte, Both Individually and as Independent Executors of the Estate of James R. Witte v. Thelma Louise Witte and James R. Witte

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NUMBER 13-14-00296-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG
____________________________________________________

Natalie G. Tise and Scott M. Witte, Both
Individually and As Independent Executors
of the Estate of James R. Witte, Deceased, Appellant,

v.

Thelma Louise Witte and James R. Witte, Appellee.
____________________________________________________

On appeal from the 24th District Court
of De Witt County, Texas.
____________________________________________________

ORDER REFERRING CASE TO MEDIATION

The Court has determined that this case should be referred to
mediation prior to briefing. Tex. Civ. Prac. & Rem. Code Ann.
§§154.001-.073 (Vernon 2005). Accordingly, it is ORDERED that this
case 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 and the Court will appoint a mediator.

2. All parties must confer with their mediator within seven days
of the date of this Order, or in the case of a court appointed
mediator, within seven days of the appointment of the mediator,
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 six weeks 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 mandatory, 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-.073 (West 2011).

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. Tex. Civ. Prac. & Rem. Code Ann.
§154.054 (West 2011).

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 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 appeal will be stayed until the
completion of the mediation.

WITNESS the Honorable Rogelio Valdez, Chief Justice of the Court
of Appeals, 13th Court of Appeals District, at Corpus Christi -
Edinburg, Texas.

GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this 9th
day of July, 2014.

DORIAN E. RAMIREZ, CLERK
Thirteenth Court of Appeals