Opinion
No. 01-10-00452-CV
Opinion issued August 31, 2010.
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Justices JENNINGS, ALCALA, and MASSENGALE.
MEMORANDUM OPINION
By petition for writ of mandamus, relator Church Mutual Insurance Company challenges the trial court's April 13, 2010 denial of its motion to abate and compel appraisal.
The underlying case is New Bethlehem Missionary Baptist Church v. Church Mutual Insurance Company and Eugene M. Poldrack, No. 2009-19136, in the 55th District Court of Harris County, Texas, the Honorable Dion Ramos, presiding.
We deny the petition for writ of mandamus. See Tenneco Inc. v. Enter. Prods. Co., 925 S.W.2d 640, 643-44 (Tex. 1996) (observing that waiver is question of fact); see also TEX. R. APP. P. 52.7 (requiring relator to file copy of every document material to its claim for relief).