From Casetext: Smarter Legal Research

In re State Farm Lloyds

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Sep 2, 2014
NUMBER 13-14-00471-CV (Tex. App. Sep. 2, 2014)

Opinion

NUMBER 13-14-00471-CV

09-02-2014

IN RE STATE FARM LLOYDS, RICHARD LEE WALLIS, RICHARD FREYMANN, AND MARK HUGHES


On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Perkes and Longoria
Memorandum Opinion Per Curiam

See TEX. R. APP. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).

Relators, State Farm Lloyds, Richard Lee Wallis, Richard Freymann, and Mark Hughes, have filed a petition for writ of mandamus requesting that this Court direct respondent, the Honorable Rose Guerra Reyna, Presiding Judge of the 206th District Court of Hidalgo County, Texas, to withdraw her order denying relators' verified plea in abatement and to enter an order abating the suit for damages brought against relators by the real party in interest, Ascencion Martinez, until sixty days after he provides relators with a notice letter for his claim stating the specific, separate amounts for the claimed damages and attorney's fees. See TEX. INS. CODE ANN. § 541.154 (West, Westlaw through 2013 3d C.S.) ("Prior Notice of Action"); id. § 541.155 (West, Westlaw through 2013 3d C.S.) ("Abatement"); TEX. R. APP. P. 52.1 ("Commencement" of Original Proceedings). In addition, relators request that this Court issue immediate temporary relief staying respondent's order denying the plea in abatement. See TEX. R. APP. P. 52.10 ("Temporary Relief").

The Court, having examined and fully considered the petition for writ of mandamus and the applicable law, is of the opinion that the petition for writ of mandamus should be denied for the reasons expressed in our opinion in In re State Farm Lloyds, Richard Freymann, and Nathan Burris, No. 13-14-00347-CV, 2014 WL ___ (Tex. App.—Corpus Christi Aug. 27, 2014, orig. proceeding) (mem. op.), available at http://www.search.txcourts.gov/case.aspx?cn=13-14-00348-CV. Accordingly, the Court DENIES the petition for writ of mandamus and request for immediate temporary relief. See TEX. R. APP. P. 52.8(d).

PER CURIAM Delivered and filed the 2nd day of September, 2014.


Summaries of

In re State Farm Lloyds

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Sep 2, 2014
NUMBER 13-14-00471-CV (Tex. App. Sep. 2, 2014)
Case details for

In re State Farm Lloyds

Case Details

Full title:IN RE STATE FARM LLOYDS, RICHARD LEE WALLIS, RICHARD FREYMANN, AND MARK…

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Sep 2, 2014

Citations

NUMBER 13-14-00471-CV (Tex. App. Sep. 2, 2014)