law-mediation-on-appeal | appellate mediation ADR | mediation program in the 14th Court of Appeals
APPELLATE MEDIATION IN HOUSTON COURTS OF APPEALS
Jones v. Union Pacific RR Co. (Tex.App. - Houston [14th Dist.] Feb. 11, 2010)(per curiam dismissal)
(appeal dismissed for noncompliance with terms of mediation order)
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Anderson and Christopher
14-09-00541-CV Donald R. Jones, Sr. v. Union Pacific Railroad Company
Appeal from 164th District Court of Harris County
Trial Court Judge: Alexandra Smoots-Hogan
This is an appeal from a judgment signed March 27, 2009. On July 9, 2009, this court ordered the parties to
mediation. The order states, in pertinent part, “If mediation fully resolves the issues in the case, the court ORDERS the
parties to file a joint dispositive motion within 10 days of the conclusion of the mediation. If the parties need more time
to effectuate the terms of the settlement agreement, they shall, within 10 days of the conclusion of the mediation, file a
joint or agreed motion for an extension of time to file their dispositive motion.” On September 29, 2009, the court was
advised the parties did not settle at mediation, but that a tentative agreement was reached and the parties hoped to
complete the settlement within thirty days. More than thirty days passed, and no notice that the settlement had been
completed was filed.
On December 3, 2009, the court ordered the parties to file a response within fifteen days informing the court of the
status of the settlement of this case. No response was filed.
On January 6, 2010, notification was transmitted to all parties of the court’s intention to dismiss the appeal for failing
to comply with this court’s December 3, 2009, order, unless a response was filed within fifteen days demonstrating
good cause to continue the appeal. See Tex. R. App. P. 42.3(c). No response was filed.
Accordingly, the appeal is ordered dismissed.
Duke Energy Filed Services LP (Tex.App.- Houston [14th Dist.] Jan. 28, 2010)(per curiam)
(appellate mediation ordered, case settled, agreed vacature and dismissal)
VACATED AND DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Anderson and Christopher
14-09-00586-CV Duke Energy Field Services, LP (now known as DCP Midstream LP and DCP
Assets Holdings, LP v. El Paso Production Company LP (now known as El Paso E&P Company,
LP
Appeal from 80th District Court of Harris County
Trial Court Judge: Larry Weiman
MEDIATION SUCCESSFUL ON APPEAL
Premier Towers, L.P. v. Laughlin Environmental, Inc. (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(per
curiam)(motion to dismiss, mediation successful on appeal)
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00454-CV Premier Towers, L.P. v. Laughlin Environmental, Inc.
Appeal from 189th District Court of Harris County
Trial Court Judge: LEVI JAMES BENTON
Trial Court Case #: 2006-40567
This is an appeal from a judgment signed February 12, 2009. On June 19, 2009, appellant filed an
unopposed motion to dismiss the appeal because the parties reached a settlement at mediation. See
Tex. R. App. P. 42.1. The motion is granted.
Accordingly, the appeal is ordered dismissed.
Boateng v. USA and Trailblazer Health Enterprises, LLC (Tex.App.- Houston [14th Dist.] Jul. 23, 2009)
DISMISSED: Per Curiam (mediation ordered by court of appeals successful, joint motion to dismiss)
Before Justices Anderson, Guzman and Boyce
14-09-00093-CV Afuah Boateng, Johnell Sanders Fernandez, Sharon Gay, Dr. Joel S. Hochman,
Rosalind Hull, Gloria Ann Tucker and Missy L. Walker v. United States of America and Trailblazer
Health Enterprises, LLC Appeal from 280th District Court of Harris County
Trial Court Judge: TONY LINDSAY
OBJECTION TO MEDIATION SUSTAINED - FAILURE TO FILE BRIEF ENTAILS DISMISSAL
Owens, Ed.D. v. UTHSC Houston (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(DWOP dismissal)
(objection to mediation on appeal sustained, but no brief filed)
DISMISSED: Per Curiam
Before Justices Anderson, Guzman and Boyce
14-08-00998-CV Emiel W. Owens, Ed.D., v. The University of Texas Health Science Center at
Houston, Lemuel Moye, M.D.; Ph.D., Ronald B. Harris, Ph.D., Ralph F. Frankowski, Ph.D., L. Kay
Bartholomew, Ed.D. MPH; and J. Kay Dunn, Ph.D.
Appeal from 215th District Court of Harris County
This is an appeal from an order granting appellees' plea to the jurisdiction and dismissing the case
signed September 29, 2008. The clerk's record was filed December 18, 2008. No reporter's record
was taken. After appellees' objection to the referral of the case to mediation was sustained,
appellant's brief was due May 18, 2009. No brief or motion for extension of time were filed.
On June 1, 2009, appellees filed a motion to dismiss the appeal for want of prosecution. See Tex. R.
App. P. 42.3(b). Appellant has filed no response to the motion.
Accordingly, we grant appellees' motion and order the appeal dismissed.
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