IN THE

TENTH COURT OF APPEALS

No. 10-96-048-CV

     BETTY ANDREWS ROGERS,

     ET VIR, ET AL.,

                                                                                              Appellants

     v.

     THE STATE OF TEXAS,

                                                                                              Appellee

From the County Court At Law

Ellis County, Texas

Trial Court # C-2606

OPINION ON THE STATE'S

MOTION TO RESET CAUSE FOR SUBMISSION

      By order dated June 12, 1996, we notified the parties that the dispute in this cause is appropriate for resolution by an alternative dispute resolution procedure. Tex. Civ. Prac. & Rem. Code Ann. § 154.021(a) (Vernon Supp. 1996). The State filed a document titled "Motion to Reset Cause for Submission" on the same day, in which it states:

      For all the reasons contained in Appellee's Brief, Appellee sincerely believes, that based upon the law of the State of Texas, the Appellants are entitled to nothing. The Honorable Judge Scoggins also believes, that based upon the law of the State of Texas, the Appellants are entitled to nothing as reflected by his findings of fact, conclusions of law, and final judgment. Therefore Appellee is unwilling to spend taxpayer money until and unless this Honorable Court of Appeals rules otherwise in an appellate opinion and judgment.

      Mere intransigence or an unwillingness to comply with our orders does not constitute a reasonable basis for an objection to referring a cause to an alternative dispute resolution procedure. Thus, we overrule the State's "objection".

      We referred this cause to mediation by a separate order issued on July 10, 1996. We decline to disturb the process set in motion by that order. The State's motion to reset this cause for submission is denied.

                                                                                 PER CURIAM

Before Chief Justice Davis,

          Justice Cummings, and

          Justice Vance

Motion denied

Order issued and filed August 14, 1996

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