Texas Court of Appeals Dismisses Appeal Because Appellant Walked Out of the Court-Ordered Mediation


In In the Estate of James H. Rice, No. 10-10-00021-CV (Tex.App.- Waco, Aug. 10, 2011) the court found the appeal was appropriate for mediation and on April 20, 2011, ordered the parties to mediate this case. The mediation took place at the McLennan County Dispute Resolution Center (“DRC”) on June 15, 2011. The court, however, received a letter from DRC dated June 22, 2011 which stated the following:

the mediation session ended abruptly when Appellant, James H. Rice, Jr. unexpectedly left the premises and did not return, prior to the mediation being terminated, adjourned, or recessed by the DRC’s volunteer mediator. As a result, the parties were unable to reach any agreement and the mediator, in the absence of the Appellant, pronounced the mediation terminated with the parties at impasse.

The court was not persuaded by appellant’s explanation that he “felt it best to put this matter in the hands of the Court” and dismissed the appeal.

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