in the Matter of the Marriage of Ma. Noelia Zamarron and Jose Luis Zamarron and in the Interest of C.N.Z., a Child ( 2021 )

NUMBER 13-21-00119-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE MATTER OF THE MARRIAGE OF MA. NOELIA
ZAMARRON AND JOSE LUIS ZAMARRON AND IN THE
INTEREST OF C.N.Z., A CHILD
On appeal from the 257th District Court
of Harris County, Texas.
ORDER TO ABATE APPEAL AND
REFER CASE FOR MEDIATION
Before Justices Benavides, Longoria, and Tijerina
Order Per Curiam
This cause is before the Court on appellant Jose Luis Zamarron’s appeal from the
trial court’s final divorce decree. Appellee Ma. Noella Zamarron has filed an unopposed
second amended motion to refer the case to mediation. The Court has determined that
this case should be referred to mediation, and we grant, in part, appellee’s unopposed
motion to refer the case to mediation. 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 (7)
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
must so notify the Court within the seven (7) day period and the Court will
appoint a mediator.
2. All parties must confer with their mediator within seven (7) days of the
date of this Order, or in the case of a court appointed mediator, within seven
(7) days of the appointment of the mediator, 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 thirty (30) days
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. The
mediation shall be for a full day.
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, 154.073.
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. TEX. CIV. PRAC. & REM. CODE
ANN. § 154.054.
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8. Within two (2) 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.
9. If mediation fully resolves the issues in this case, the parties must file a
joint or agreed motion seeking dispositive relief within seven (7) 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 (7) days of the
conclusion of mediation, file a joint or agreed motion for an extension of time
to file their disposition motion.
Insofar as appellee prays for this Court to award post-judgment interest, attorney’s
fees, expenses, costs, and interest, we deny the requested relief.1 It is further ordered
that this case is abated pending this Court’s review of the mediator’s report and further
order of this Court.
PER CURIAM
Delivered and filed on the
6th day of October, 2021.
1 These requests are better suited to be determined at mediation.
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