IN THE

TENTH COURT OF APPEALS

No. 10-09-00215-CV

In the Estate of Helen D. Wallace, Deceased

From the County Court at Law No. 1

Johnson County, Texas

Trial Court No. P200819721

            Theresa Isenberger and Mary Moriset filed an original petition for the construction of a will that was admitted to probate on December 18, 2008.  The independent executor, Robert Semple, filed an answer and the Attorney General for the State of Texas intervened.  Semple and the Attorney General filed a joint plea to the jurisdiction.  The trial court granted the joint plea and dismissed the suit.  Isenberger and Moriset appealed.

            In their docketing statement, Isenberger and Moriset suggested that the appeal should be referred to mediation.  The Court agreed and abated the appeal for mediation on July 22, 2009.  The parties were given ten days to object to the order.  The  Attorney General filed an objection.  The Court has been informed that Semple also objected, but no formal objection by Semple was filed with the Court.  Isenberger and Moriset did not respond to the objection but by letter asked for guidance from this Court.  The Court has been considering the objection filed and the request for guidance.

            Isenberger and Moriset have now filed a Motion for Order of Mediation or to Lift Court Ordered Stay.  In the motion, Isenberger and Moriset do not take a position on their view of the preferable course of action.  They note that both Semple and the Attorney General objected to the referral and ask only that this Court order the case to mediation or lift the stay.  Therefore, we reinstate the appeal, sustain the Attorney General’s objection to the referral to mediation, and order that the appeal proceed as if the reporter’s record and clerk’s record were filed as of the date of this order.  Accordingly, Isenberger and Moriset’s brief on the merits is due 30 days from the date of this order.

                                                                        PER CURIAM          

Before Chief Justice Gray,

            Justice Reyna, and

            Justice Davis

Appeal reinstated

Objection sustained

Order issued and filed November 10, 2009