Katherine Henry, Carolyn Stone and Randy Rice v. Estate of Philip Anthony Bonifazi ( 2006 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-06-00163-CV

Katherine Henry, Carolyn

Stone and Randy Rice,

                                                                      Appellants

v.

Estate of Philip Anthony

Bonifazi, Deceased,

                                                                      Appellee

And

No. 10-06-00164-CV

KATHERINE HENRY, CAROLYN

STONE AND RANDY RICE,

                                                                        Appellants

v.

ESTATE OF ANGELA BONIFAZI, DECEASED,

                                                                        Appellee

From the County Court at Law No. 1

Brazos County, Texas

Trial Court Nos. 12,009-PC-A and 12,009-PC-B

ORDER APPOINTING MEDIATOR

          On, August 30, 2006, these cases were abated and referred to mediation.

          The Court has not been advised that the parties have agreed upon a mediator.  Therefore, the Court assigns R.D. “Spike” Pattillo, III as mediator for these cases.  The telephone number for Mr. Pattillo is (254) 741-6410.  Mediation must occur within thirty days after the date of the order assigning a mediator.

      Before the first scheduled mediation session, each party must provide the mediator and all other parties with an information sheet setting forth the party’s positions about the issues that need to be resolved.  At or before the first session, all parties must produce all information necessary for the mediator to understand the issues presented.  The mediator may require any party to supplement the information required by this Order.

      Named parties must be present during the entire mediation process, and each corporate party must be represented by a corporate employee, officer, or agent with authority to bind the corporate party to settlement.

      Immediately after mediation, the mediator must advise this Court, in writing, only that the cases did or did not settle and the amount of the mediator’s fee paid by each party.  The mediator’s fees will be taxed as costs.  Unless the mediator agrees to mediate without fee, the mediator must negotiate a reasonable fee with the parties, and the parties must each pay one-half of the agreed-upon fee directly to the mediator.

      Failure or refusal to attend the mediation as scheduled may result in the imposition of sanctions, as permitted by law. 

                                                                   PER CURIAM

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Mediator assigned

Order issued and filed October 11, 2006

Do not publish

to this wife who's home taking care of your baby. Right?

A. Yes, sir.

Q. Do you know Tosha Yolanda Hicks?

A. Yes, sir, I do.

Q. Another girl friend, isn't she?

A. Yes.

Q. While your wife was home taking care of the baby.

A. Yes, sir.

[DEFENSE]: Your Honor, we're going to object to the relevancy of this line of questioning.

THE COURT: Sustained.

[DEFENSE]: Ask for an instruction.

THE COURT: I instruct the jury, you'll disregard the last statement of counsel for any purpose whatsoever.

[DEFENSE]: Your Honor, I ask for a mistrial.

THE COURT: Overruled.

No objections were made to the questions concerning Cynthia Nowlin, and Appellant's objection to questions concerning Tosha Hicks was not timely. A failure to object at the earliest opportunity waives any alleged error. Thompson v. State, 691 S.W.2d 627, 635 (Tex. Crim. App. 1984), cert. denied, 474 U.S. 865 (1985); Montelongo v. State, 681 S.W.2d 47, 57 (Tex. Crim. App. 1984). We overrule point three.

          The judgment is affirmed.

                                                                                  BILL VANCE

                                                                                 Justice

Before Chief Justice Thomas,

          Justice Cummings and

          Justice Vance

Affirmed

Opinion delivered and filed June 6, 1991

Do not publish