Narrative Opinion Summary
On April 19, 2018, the Court of Appeals for the Fifth District of Texas granted a joint motion from Kenneth W. Morrison and Stonecoat of Texas, L.L.C. (Appellants) and Procal Stone Design, L.L.C. and John D. Profanchik, Sr. (Appellees) to stay proceedings. The parties reported they had reached a confidential oral mediation agreement and requested a stay until July 16, 2018, to prepare necessary documentation. The appeal, submitted on February 20, 2018, is abated until the specified date, unless a motion to dismiss is filed earlier or the parties fail to comply with the requirement to submit status letters every thirty days. Noncompliance will lead to reinstatement of the case and issuance of an opinion. The order is signed by Presiding Justice Douglas S. Lang.
Legal Issues Addressed
Abatement of Appealsubscribe to see similar legal issues
Application: The court abated the appeal to allow the parties to finalize their mediation agreement and comply with reporting requirements.
Reasoning: The appeal, submitted on February 20, 2018, is abated until the specified date, unless a motion to dismiss is filed earlier or the parties fail to comply with the requirement to submit status letters every thirty days.
Reinstatement of Case for Noncompliancesubscribe to see similar legal issues
Application: The court outlines the consequence of noncompliance with the order to submit status letters, which is the reinstatement of the case and issuance of an opinion.
Reasoning: Noncompliance will lead to reinstatement of the case and issuance of an opinion.
Stay of Proceedings Pending Mediation Agreementsubscribe to see similar legal issues
Application: The court granted a stay of proceedings based on the parties reaching a confidential oral mediation agreement and their joint request for time to prepare necessary documentation.
Reasoning: The parties reported they had reached a confidential oral mediation agreement and requested a stay until July 16, 2018, to prepare necessary documentation.