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Fercan Kalkan, TXMV2017, LLC and ENKB-Monticello, LLC v. Pablo Salamanca

Citation: Not availableDocket: 14-22-00505-CV

Court: Court of Appeals of Texas; October 13, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The appeal in the case of Fercan Kalkan; TXMV2017, LLC; and ENKB-Monticello, LLC vs. Pablo Salamanca has been reinstated by the Fourteenth Court of Appeals, following an abatement for mediation on August 16, 2022. The court was informed on October 7, 2022, that the mediation did not result in a settlement. Consequently, the appeal is now active again, and the appellants are required to submit their brief within thirty days from the date of this order. The decision is issued per curiam by a panel consisting of Justices Jewell, Bourliot, and Zimmerer.

Legal Issues Addressed

Issuance of Per Curiam Decisions

Application: The decision to reinstate the appeal was issued per curiam by a panel of justices, indicating a unanimous or collective decision without a single judge being identified as the author.

Reasoning: The decision is issued per curiam by a panel consisting of Justices Jewell, Bourliot, and Zimmerer.

Procedure for Unsuccessful Mediation

Application: Upon notification that mediation did not lead to a settlement, the appeal was reactivated and procedural timelines were resumed.

Reasoning: The court was informed on October 7, 2022, that the mediation did not result in a settlement. Consequently, the appeal is now active again, and the appellants are required to submit their brief within thirty days from the date of this order.

Reinstatement of Appeal Post-Mediation

Application: The court reinstated the appeal after mediation efforts between the parties did not result in a settlement.

Reasoning: The appeal in the case of Fercan Kalkan; TXMV2017, LLC; and ENKB-Monticello, LLC vs. Pablo Salamanca has been reinstated by the Fourteenth Court of Appeals, following an abatement for mediation on August 16, 2022.