Opinion
Appellate case number: 01-20-00288-CV
03-25-2021
In re MLAR Group, LLC d/b/a Integrity Transportation and Sonja Ann Collier
ORDER Trial court case number: 2018-64992 Trial court: 215th District Court of Harris County
This original proceeding arises from a personal injury lawsuit in which the Real-Party-in-Interest sued Relators, MLAR Group, LLC d/b/a Integrity Transportation and Sonja Ann Collier, for negligence in connection with a motor vehicle accident. The Real-Party-In-Interest seeks damages including medical expenses and, to that end, presented affidavits pursuant to Chapter 18 of the Texas Civil Practice and Remedies Code.
On April 8, 2020, Relators filed a petition for writ of mandamus challenging (1) the trial court's January 13, 2020 order granting Real-Party-In-Interest's Motion to Strike Counter-Affidavit and (2) the trial court's February 3, 2020 order denying Relators' Motion to Reconsider the order granting the motion to strike.
On June 29, 2020, Relators filed a Notice of Automatic Stay of Proceedings pursuant to Section 462.309 of the Texas Insurance Code. The notice informed the Court that (1) Relators' insurance carrier was declared insolvent and placed into receivership on June 10, 2020 and (2) pursuant to Section 462 of the Insurance Code, the Texas Property and Casualty Insurance Guaranty Association became obligated to pay and defend covered claims against the carrier's insureds. To permit the association to properly defend a pending cause of action, Section 462.309 imposes an automatic six-month stay of this proceeding, effective as to all parties and for all purposes. See TEX. INS. CODE § 462.309(a), (b). Accordingly, this proceeding was subject to the statutory stay until December 10, 2021.
Because the statutory stay has expired and no further action has been taken by the parties following its expiration, the Court requests that Relators file a notification to the Court within 10 days regarding (1) the status of the underlying case and (2) whether they desire to proceed with their mandamus petition.
It is so ORDERED. Judge's signature: /s/ Gordon Goodman
Acting individually Date: March 25, 2021