NO. 07-10-00106-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

JOHN T. SAUTTER, MARYAH M. SAUTTER, DONALD R. CRUVER AND ANITA E. CRUVER, APPELLANTS

v.

CITY OF HORSESHOE BAY, APPELLANT

 FROM THE 424TH DISTRICT COURT OF LLANO COUNTY;

NO. 16,119; HONORABLE DANIEL H. MILLS, JUDGE

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

ORDER OF ABATEMENT

            Before the Court is the parties’ agreed motion filed April 12, 2010, to refer the appeal to alternative dispute resolution and to stay its consideration by the Court.  The motion states the parties believe their dispute is amenable to resolution by mediation, they have agreed to engage in mediation and they have tentatively agreed on a mediator and a schedule.  Because the parties have agreed to mediation, our referral is unnecessary, so the parties’ agreed motion is granted to the extent the appeal is abated for sixty days from the date of this Order to allow the parties to conduct their agreed mediation. 

Appellants are directed to submit a status report as soon as is feasible after completion of mediation, and in any event on the expiration of sixty days from the date of this Order.

It is so ordered.

                                                                                                Per Curiam