Dick B. Simmons, Sr., and Julie M. Simmons v. White Knight Development, LLC

• Court: Court of Appeals of Texas
• Decided: September 16, 2022
• Docket: 10-21-00309-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-21-00309-CV

DICK B. SIMMONS, SR., AND JULIE M. SIMMONS, Appellants/Cross- Appellees v.

WHITE KNIGHT DEVELOPMENT, LLC, Appellee/Cross- Appellant

From the 361st District Court Brazos County, Texas Trial Court No. 18-001344-CV-361

REFERRAL TO MEDIATION ORDER

The Legislature has provided for the resolution of disputes through alternative

dispute resolution (ADR) procedures. See TEX. CIV. PRAC. & REM. CODE ANN. §§

154.001-154.073. The policy behind ADR is stated in the statute: “It is the policy of this

state to encourage the peaceable resolution of disputes . . . and the early settlement of

pending litigation through voluntary settlement procedures.” Id. § 154.002. Mediation is a form of ADR. Mediation is a mandatory but non-binding settlement conference,

conducted with the assistance of a mediator. Mediation is private, confidential, and

privileged.

We find that these appeals are appropriate for mediation. See id. § 154.021(a).

The Court assigns the Honorable Wanda Fowler as the mediator for these

proceedings. Her address and contact number are as follows:

Wanda McKee Fowler Wright Close & Barger, LLP 1 Riverway Ste 2200 Houston, TX 77056 (713) 572-4321

Mediation must occur within 60 days from the date of this Order.

No less than seven calendar days before the first scheduled mediation session,

each party must provide the mediator and all other parties with an information sheet

setting forth the party’s positions about the issues that need to be resolved. At or

before the first session, all parties must produce all information necessary for the

mediator to understand the issues presented. The mediator may require any party to

supplement the information required by this Order.

The mediator may make any orders determined to be necessary or appropriate

to conduct the ordered mediation in such a way that the mediation has the best

opportunity to reach a successful result. The mediator’s orders may include, but are

not limited to, ordering the mediation to occur entirely via Zoom or some other media

Simmons v. White Knight Development, LLC Page 2 option, ordering the mediation to occur entirely in person at a place and time that the

mediator determines is reasonable in light of the timing of the issues that need to be

resolved, and/or assessing the cost of mediation other than equally if one of the parties

seeks accommodations that the mediator determines are not of equal benefit to all the

parties.

Named parties must be present during the entire mediation process, and each

party that is not a natural person must be represented by an employee, officer, agent,

or representative with authority to bind the party to settlement.

Immediately after mediation, the mediator must advise this Court, in writing,

only that the cases did or did not settle and the amount of the mediator’s fee paid by

each party. The mediator’s fees will be taxed as costs. Unless the mediator agrees to

mediate without fee or other arrangements are negotiated or ordered by the mediator

as authorized above, the mediator must negotiate a reasonable fee with the parties,

and the parties must each pay one-half of the agreed-upon fee directly to the mediator.

Failure or refusal to attend the entire mediation as scheduled may result in the

imposition of sanctions, as permitted by law.

Any objection to this Order must be filed with this Court and served upon all

parties within ten days after the date of this Order, or it is waived.

We refer these appeals to mediation.

The appeals and all appellate deadlines are suspended as of the date of this

Simmons v. White Knight Development, LLC Page 3 Order. The suspension of these appeals is automatically lifted when the mediator’s

report to the Court is received.

White Knight Development, LLC is reminded that its cross-appellant’s brief and

its appellee’s brief are past due. If the matters are not resolved at mediation, both briefs

are due seven days after the date the Court receives the mediator’s report. Any other

deadline that began to run and had not expired by the date of this Order will begin

anew as of the date the Court receives the mediator’s report. Any document filed by

a party after the date of this Order and prior to the filing of the mediator’s report will

be deemed filed on the same day, but after, the mediator’s report is received.

PER CURIAM

Before Chief Justice Gray and Justice Johnson Referred to mediation Order issued and filed September 16, 2022 [RWR]

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