Narrative Opinion Summary
An unopposed motion filed by appellee Shellie Goodman requests the Court of Appeals to stay the appeal of case number 04-22-00355-CV, involving SSC Wimberley Operating Company, LLC and others as appellants, pending a mediation session scheduled for September 1, 2022. The motion also seeks to extend the deadline for Goodman to file her brief from September 12, 2022, to no earlier than September 30, 2022, should the mediation not resolve the case. The court granted the stay on appellate deadlines until further notice and ordered both parties to submit either a joint motion to dismiss the appeal due to settlement or an advisory stating that a settlement was not reached within fourteen days following the mediation. The request for an extension of time for filing the brief was denied but allows for a future extension motion if the appeal is reinstated. The order was signed by Justice Luz Elena D. Chapa and dated August 30, 2022.
Legal Issues Addressed
Extension of Brief Filing Deadlinesubscribe to see similar legal issues
Application: A motion to extend the deadline for filing a brief can be denied with the option to request a future extension if circumstances change.
Reasoning: The request for an extension of time for filing the brief was denied but allows for a future extension motion if the appeal is reinstated.
Judicial Discretion in Mediationsubscribe to see similar legal issues
Application: The court exercises discretion in managing appellate proceedings to facilitate settlement, including setting conditions on mediation outcomes.
Reasoning: The court granted the stay on appellate deadlines until further notice and ordered both parties to submit either a joint motion to dismiss the appeal due to settlement or an advisory stating that a settlement was not reached within fourteen days following the mediation.
Stay of Appellate Proceedingssubscribe to see similar legal issues
Application: The Court of Appeals can stay appellate proceedings pending mediation to potentially resolve the matter without further litigation.
Reasoning: The court granted the stay on appellate deadlines until further notice and ordered both parties to submit either a joint motion to dismiss the appeal due to settlement or an advisory stating that a settlement was not reached within fourteen days following the mediation.