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In re Homesite Ins. Co.

Court of Appeals of Texas, Fifth District, Dallas
Nov 5, 2024
No. 05-24-01228-CV (Tex. App. Nov. 5, 2024)

Opinion

05-24-01228-CV

11-05-2024

IN RE HOMESITE INSURANCE COMPANY AND JAMES VALLE, Relators


Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-17599

Before Justices Partida-Kipness, Nowell, and Miskel

MEMORANDUM OPINION

ERIN A. NOWELL JUSTICE

Before the Court is relators' October 18, 2024 petition for writ of mandamus. Relators ask this Court to compel a district judge to withdraw an August 19, 2024 Amended Order on Plaintiff's Motion to Compel Written Discovery and Depositions, which was signed by an associate judge, and to enter a new order denying real party in interest's motion to compel to the extent it seeks discovery on extra-contractual matters. Relators also request an emergency temporary stay of all trial court proceedings.

Entitlement to mandamus relief requires relators to show that the trial court clearly abused its discretion and that relators lack an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). After reviewing relators' petition and the record before us, we conclude that relators have failed to demonstrate entitlement to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).

We also deny relators' request for emergency relief as moot.


Summaries of

In re Homesite Ins. Co.

Court of Appeals of Texas, Fifth District, Dallas
Nov 5, 2024
No. 05-24-01228-CV (Tex. App. Nov. 5, 2024)
Case details for

In re Homesite Ins. Co.

Case Details

Full title:IN RE HOMESITE INSURANCE COMPANY AND JAMES VALLE, Relators

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Nov 5, 2024

Citations

No. 05-24-01228-CV (Tex. App. Nov. 5, 2024)