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In re Am. Risk Ins. Co.

State of Texas in the Fourteenth Court of Appeals
Nov 13, 2015
NO. 14-15-00922-CV (Tex. App. Nov. 13, 2015)

Opinion

NO. 14-15-00922-CV

11-13-2015

IN RE AMERICAN RISK INSURANCE COMPANY, INC., Relator


ORIGINAL PROCEEDING WRIT OF MANDAMUS
268th District Court Fort Bend County, Texas
Trial Court Cause No. 14-DCV-213947

MEMORANDUM OPINION

On October 29, 2015, relator American Risk Insurance Company, Inc. filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Brady G. Elliot, presiding judge of the 268th District Court of Fort Bend County, to vacate its order denying relator's motion to compel appraisal and to grant such motion.

Mandamus issues only to correct a clear abuse when there is no other adequate remedy by law. Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex.1985) (orig. proceeding). Relator has not established that it is entitled to mandamus relief. We therefore deny relator's petition for writ of mandamus.

Relator has also filed an emergency motion to stay the trial set for November 16, 2015. Because we deny the petition for writ of mandamus, we also deny the motion for stay.

PER CURIAM Panel consists of Justices Boyce, Busby, and Brown.


Summaries of

In re Am. Risk Ins. Co.

State of Texas in the Fourteenth Court of Appeals
Nov 13, 2015
NO. 14-15-00922-CV (Tex. App. Nov. 13, 2015)
Case details for

In re Am. Risk Ins. Co.

Case Details

Full title:IN RE AMERICAN RISK INSURANCE COMPANY, INC., Relator

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Nov 13, 2015

Citations

NO. 14-15-00922-CV (Tex. App. Nov. 13, 2015)