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In re Am. Risk Ins. Co.

Court of Appeals of Texas, Fourth District, San Antonio
May 22, 2024
No. 04-23-00932-CV (Tex. App. May. 22, 2024)

Opinion

04-23-00932-CV

05-22-2024

IN RE AMERICAN RISK INSURANCE COMPANY, INC., Relator


Original Mandamus Proceeding.

This proceeding arises out of Cause No. 2018-CI-08516, styled T4V2, LLC D/B/A City-Base Vista Apartments and T-4 Housing Interests Management, LLC v. American Risk Insurance Company, pending in the 73rd Judicial District Court, Bexar County, Texas, the Honorable Mary Lou Alvarez presiding.

Sitting: Patricia O. Alvarez, Justice Beth Watkins, Justice Lori I. Valenzuela, Justice.

MEMORANDUM OPINION

PER CURIAM

On October 18, 2023, relator filed a petition for writ of mandamus. Relator also filed a motion for emergency stay of the underlying proceedings pending final resolution of the petition for writ of mandamus, which this court granted on October 20, 2023.

Mandamus is an extraordinary remedy, available only when the relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy by way of appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). After considering the petition and the record, this court concludes relator did not show it is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a). The stay imposed on October 20, 2023 is lifted.

PETITION FOR WRIT OF MANDAMUS DENIED.


Summaries of

In re Am. Risk Ins. Co.

Court of Appeals of Texas, Fourth District, San Antonio
May 22, 2024
No. 04-23-00932-CV (Tex. App. May. 22, 2024)
Case details for

In re Am. Risk Ins. Co.

Case Details

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

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: May 22, 2024

Citations

No. 04-23-00932-CV (Tex. App. May. 22, 2024)