Narrative Opinion Summary
In the case of Baylor Miraca Genetics Laboratories, LLC v. Thomas Brandon Perthuis, the Court of Appeals for the First District of Texas issued an order on October 4, 2022, subsequent to a remand from the Supreme Court of Texas. The Supreme Court instructed the appellate court to reevaluate the sufficiency of the evidence and address any outstanding arguments raised by the appellant. To facilitate this review, a briefing schedule was set, allowing both parties to submit additional briefs, with the appellant's brief due within 30 days and the appellee's within 30 days thereafter. Furthermore, the order necessitates mediation unless objected to by any party within ten days. The parties are responsible for selecting a mediator, agreeing on fees, and conducting mediation within a stipulated timeline. Confidentiality of mediation communications is emphasized, with disclosures permitted only by law. The court will deem the mediator's fee reasonable and chargeable as a cost of the appeal, barring any contrary agreement by the parties. This order was signed by Justice Richard Hightower, with the appellate court's decision pending further proceedings.
Legal Issues Addressed
Briefing Schedule in Appellate Proceedingssubscribe to see similar legal issues
Application: A structured timeline for submitting briefs was established, outlining specific deadlines for both parties to follow.
Reasoning: A briefing schedule was established, allowing both parties to submit additional briefs limited to 5,000 words.
Confidentiality of Mediation Communicationssubscribe to see similar legal issues
Application: The order enforces strict confidentiality on mediation communications, allowing disclosure only as permitted by law.
Reasoning: All mediation communications are confidential, with strict limitations on disclosure, except as permitted by law.
Evidentiary Sufficiency on Remandsubscribe to see similar legal issues
Application: The appellate court is tasked with reassessing the sufficiency of evidence after the Supreme Court's remand.
Reasoning: The Supreme Court directed the appellate court to reassess the evidentiary sufficiency and address the remaining arguments presented by the appellant.
Mediation in Appellate Casessubscribe to see similar legal issues
Application: The order mandates mediation with specific provisions for objection and selection of a mediator, emphasizing confidentiality.
Reasoning: The order also mandates that the case be referred to mediation, unless a party objects within ten days of receiving the order.