Narrative Opinion Summary
This case involves an interlocutory appeal filed by Arc Parklane, Inc. against multiple appellees, including the executrix of an estate, following a trial court's denial of a motion to compel arbitration under Section 51.016 of the Texas Civil Practice and Remedies Code. Initially, the appellate court abated the proceedings to allow the parties to pursue mediation. The mediation process led to a negotiated settlement, necessitating specific actions in the trial court. Consequently, the parties filed a joint motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.1. Attorneys for both parties signed the motion, and it was properly served on opposing counsel, complying with procedural requirements. The appellate court was thus requested to dismiss the appeal, concluding this phase of the litigation process through mutual agreement and settlement.
Legal Issues Addressed
Dismissal of Interlocutory Appealsubscribe to see similar legal issues
Application: The parties filed a joint motion to dismiss the interlocutory appeal following a negotiated settlement.
Reasoning: An agreed joint motion to dismiss an interlocutory appeal has been filed by Arc Parklane, Inc. (Appellant) against Belen Betts, individually and as executrix of the estate of Delbert Betts, deceased, along with Shirle Betts and Dana Gibson (Appellees).
Mediation and Settlement in Appellate Proceedingssubscribe to see similar legal issues
Application: The appellate court abated the appeal to facilitate mediation, which resulted in a settlement requiring action by the trial court.
Reasoning: The appellate court previously abated the appeal on September 23, 2015, to allow the parties to mediate their dispute, with a deadline for the appellant to file a brief or a motion by November 11, 2015. The parties have since negotiated a settlement that necessitates specific actions in the trial court.
Procedural Requirements for Dismissalsubscribe to see similar legal issues
Application: The joint motion to dismiss was signed by attorneys and served to opposing counsel in compliance with procedural rules.
Reasoning: The motion is signed by attorneys representing both parties, confirming that the motion was served to the opposing counsel as per procedural requirements.