Karl Keith Noland v. State ( 2008 )

IN THE

TENTH COURT OF APPEALS

 

Nos. 10-07-00260-CR, 10-07-00261-CR, 10-07-00262-CR,

10-07-00263-CR, 10-07-00264-CR, 10-07-00265-CR,

10-07-00266-CR, 10-07-00267-CR, 10-07-00268-CR,

10-07-00269-CR and 10-07-00270-CR

Karl Keith Noland,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 85th District Court

Brazos County, Texas

Trial Court Nos. 05-04140-CRF-85, 05-04141-CRF-85,

05-04142-CRF-85, 05-04143-CRF-85, 05-04144-CRF-85,

05-04145-CRF-85, 05-04146-CRF-85, 05-04147-CRF-85,

05-04148-CRF-85, 05-04149-CRF-85, and 05-04150-CRF-85

ABATEMENT ORDER

            An appellant’s brief is overdue in these appeals. 

            We abate these appeals to the trial court to conduct any necessary hearings within 30 days of the date of this Order pursuant to Texas Rule of Appellate Procedure 38.8(b)(2) and (3).  Tex. R. App. P. 38.8(b)(2), (3).

            The supplemental clerk’s and reporter’s records required by the rule, if any, are ordered to be filed within 45 days of the date of this Order.  See id.

                                                                        PER CURIAM

Before Chief Justice Gray,

            Justice Vance, and

            Justice Reyna

Appeal abated

Order issued and filed July 2, 2008

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the date of this order.  The Court understands that mediation in the other seven appeals is scheduled for September 8, 2011.  The Court appreciates in advance any accommodations that will be made to mediate these three appeals with the other seven appeals.

            No less than seven calendar days 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.

            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 fee 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 the agreed-upon fee directly to the mediator.  The Court notes that Appellant is proceeding as an indigent in these appeals.

            Named parties must be present during the entire mediation process.  Failure or refusal to attend the mediation as scheduled may result in the imposition of sanctions, as permitted by law.  See Tex. R. App. P. 42.3(b), (c).

            Any objection to this Order must be filed with this Court and served upon all parties within ten days after the date of this Order, or it is waived.

            The Court refers these appeals to mediation. 

PER CURIAM

Before Chief Justice Gray,

        Justice Davis, and

        Justice Scoggins

Order issued and filed August 31, 2011

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