NUMBER 13-18-00007-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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THE ESTATE OF LEROY T. KEENER, DECEASED

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On appeal from the County Court at Law 

of San Patricio County, Texas.

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ORDER REFERRING CASE TO MEDIATION

Before Chief Justice Contreras and Justices Benavides and Longoria

Order Per Curiam

We handed down our memorandum opinion and judgment in this case on February 

21, 2019. The case is now before the Court on appellant’s unopposed motion for referral 

to mediation. The Court, having examined and fully considered the motion, is of the 

opinion that said motion should be GRANTED. Accordingly, it is ORDERED that this case 

be mediated under the following terms and conditions:

1. The parties must promptly agree upon a mediator and, within seven days

of this Order, notify the Court in writing of the name and address of the 

mediator selected. If the parties are unable to agree upon a mediator, they 
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must so notify the Court within the seven day period and the Court will act 

accordingly within its discretion.

2. All parties must confer with their mediator within seven days of the date 

of this Order to establish a date and place for the mediation. The parties 

shall agree on a date for the mediation that is consistent with the mediator’s 

schedule and is no later than six weeks after the date of this Order. In the 

event the parties cannot agree on a date, the mediator shall select and set a 

date. The mediator shall notify the Court of the date selected for the 

mediation.

3. In the discretion of the mediator, each party may be required to provide a 

confidential memorandum and/or information sheet setting forth the issues of 

the case and their positions on these issues. Additionally, upon request of 

the mediator, the parties shall produce all information the mediator deems 

necessary to understand the issues of the case. The memorandum and/or 

information sheet and other information produced to the mediator will not be 

made a part of the file in this case and will be destroyed by the mediator at 

the conclusion of the mediation proceeding.

4. All parties to this matter or their authorized representatives, accompanied 

by their counsel, must appear and attend the mediation proceeding. 

5. Mediation is a mandatory, non-binding settlement conference conducted 

with the assistance of a mediator. The mediation proceeding will be 

confidential within the meaning of the Texas Civil Practice and Remedies 

Code sections 154.053 and 154.073. See TEX. CIV.PRAC.& REM. CODE ANN. 

§§ 154.053–.073 (West, Westlaw through 2017 1st C.S.).

6. Unless otherwise agreed, the mediation proceeding will not be recorded.

7. The mediator will negotiate a reasonable fee with the parties. The 

mediator’s fee will be borne equally by the parties unless otherwise agreed 

by the parties, and will be paid directly to the mediator. If the parties do not 

agree upon the fee requested by the mediator, the Court will set a 

reasonable fee, which shall be taxed as costs. See id. § 154.054 (West, 

Westlaw through 2017 1st C.S.).

8. Within two days after the conclusion of the mediation, the mediator shall 

certify to this Court as follows: (a) whether the parties appeared as ordered, 

(b) whether the case settled, and (c) whether the mediation fees were paid in 

accordance with the Court’s order or as otherwise agreed by the parties.
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9. If mediation fully resolves the issues in this case, the parties must file a 

joint or agreed motion seeking dispositive relief, within seven days of the 

conclusion of the mediation. If the parties need more time to effectuate the 

terms of the settlement agreement, they must within seven days of the 

conclusion of mediation, file a joint or agreed motion for an extension of time 

to file their disposition motion. 

10. The parties are advised that our plenary power to vacate or modify our 

judgment will expire on April 22, 2019. See TEX. R. APP. P. 19.

IT IS SO ORDERED.

PER CURIAM

Delivered and filed the 

15th day of April, 2019.