Narrative Opinion Summary
On November 21, 2016, the Court of Appeals for the Eighth District of Texas issued an order referring the case to mediation, allowing parties ten days to object. On November 28, 2016, the Appellee, US Bank Trust NA as Trustee for LSF8 Master Participation Trust, filed a timely objection, which the Court found persuasive. Consequently, the Court ordered the appeal to proceed, lifted the suspension of the appellate timetable, and set a deadline for the Appellant’s brief to be submitted by December 28, 2016. The order was issued on November 28, 2016, and signed per curiam by the court’s panel including Chief Justice McClure and Justices Rodriguez and Hughes.
Legal Issues Addressed
Modification of Appellate Proceduresubscribe to see similar legal issues
Application: When a timely objection to mediation is found persuasive, the court may proceed with the appeal, removing any previous suspensions and setting new deadlines.
Reasoning: Consequently, the Court ordered the appeal to proceed, lifted the suspension of the appellate timetable, and set a deadline for the Appellant’s brief to be submitted by December 28, 2016.
Objection to Mediation Referralsubscribe to see similar legal issues
Application: The legal principle allows parties to object to a mediation referral within a specified period, and such objections can be persuasive enough to alter the court's course of action.
Reasoning: On November 28, 2016, the Appellee, US Bank Trust NA as Trustee for LSF8 Master Participation Trust, filed a timely objection, which the Court found persuasive.