Get documents about "New Travis County Pre Trial Order For any civil case to be tried to a jury in Travis County after May 1
Document Sample
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Michael Curry, Attorney-Mediator Mediation News May, 2004 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ -- MSA Calling For "Additional Documents" -- New Travis County Pre-Trial Order -- Featured Site: Summer Travel -- Featured Site: Daryle Cagle's Professional Cartoons -- Effective Negotiation Seminar -- Mediator Ethics Seminar -- Feedback Greetings MSA Calling For "Additional Documents" ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Castano v. San Felipe Agricultural, Manuf. & Eng. Co., et al, ___ S.W.3rd ___, Tex. Civ. App. 4th Dist. 4/21/04. This dispute arose out of water easements and involved allegations of trespass and other torts. The parties mediated the case resulting in a signed mediation settlement agreement (MSA). The MSA which was partially type-written and partially hand-written envisioned the preparation of "additional documents" insofar as necessary to "implement the provisions and spirit" of the agreement. After the mediation the plaintiff refused to sign a formalized settlement agreement. The defendant obtained a motion for summary judgment enforcing the MSA and the plaintiff appealed contending, among other things, that the "further documentation" language rendered the agreement non-binding. The Court held that the facts demonstrated conclusively that the parties intended to be bound by the MSA and, accordingly, affirmed the trial court judgment. The Court concluded that as a matter of law the "additional documentation" language was not a condition precedent to enforceability. The Court relied in part on the following language in the MSA: "notwithstanding such additional documents the parties confirm that this is a written settlement agreement as contemplated by Section 154.071 of the Texas Civil Practices and Remedies Code." The Court further held that the MSA was enforceable because it met the test of being "complete within itself in every material detail" and contained all of the essential elements of the agreement. New Travis County Pre-Trial Order ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ For any civil case to be tried to a jury in Travis County after May 1, 2004 there is a New Amended Standing Pre-Trial Scheduling Order which governs pre-trial matters absent further order of the Court. Failure to follow the requirements of the order will authorize removal of the case from the jury docket at the discretion of the Court or be deemed a waiver of any motion or evidence not in compliance with the order. Click on the link below to view the Order. http://www.co.travis.tx.us/district_courts/pdffiles/Ecourt_Scheduling.pdf Featured Site: Summer Travel ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If you are thinking of a Texas vacation or weekend trip, check out the Texas Tourism site, Traveltex.com. It has information on Texas activities and events, lodging, coupons and more. Traveltex.com Featured Site: Daryle Cagle's Professional Cartoons ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Here is a searchable collection of topical and political cartoons dealing with current events. Political Cartoons: http://cagle.slate.msn.com
