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In re State Auto. Ins.

Court of Appeals of Texas, Fourth District, San Antonio
Oct 12, 2011
No. 04-11-00708-CV (Tex. App. Oct. 12, 2011)

Summary

denying mandamus relief and concluding mandamus review is not available when relators are simply asking appellate court to “review the trial court's reasons for not granting a new trial”

Summary of this case from In re Toyota Motor Sales, U.S.A., Inc.

Opinion

No. 04-11-00708-CV

Delivered and Filed: October 12, 2011.

Original Mandamus Proceeding.

This proceeding arises out of Cause No. 2010-CI-00042, styled Sioban Leszczynski, Individually and Personal Representative of the Estate of Avis Kilbride, et al. v. State Farm Mutual Automobile Insurance Company, in the 37th Judicial District Court, Bexar County, Texas, the Honorable David A. Berchelmann presiding. However, the order complained of was signed by the Honorable Peter A. Sakai, presiding judge of the 225th Judicial District Court, Bexar County, Texas.

Petition for Writ of Mandamus Denied.

Sitting: KAREN ANGELINI, Justice, PHYLIS SPEEDLIN, Justice, MARIALYN BARNARD, Justice.


MEMORANDUM OPINION


On September 26, 2011, relator filed a petition for writ of mandamus, asking us to review the trial court's reasons for granting a new trial. However, we recently held that such mandamus review is not available. See In re Camp Mystic, Inc., No. 04-10-00766-CV (Tex. App.-San Antonio Oct. 5, 2011, orig. proceeding) (mem. op.), available at http://www.4thcoa.courts.state.tx.us/ opinions/docket.asp?FullDate=20111005. Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).


Summaries of

In re State Auto. Ins.

Court of Appeals of Texas, Fourth District, San Antonio
Oct 12, 2011
No. 04-11-00708-CV (Tex. App. Oct. 12, 2011)

denying mandamus relief and concluding mandamus review is not available when relators are simply asking appellate court to “review the trial court's reasons for not granting a new trial”

Summary of this case from In re Toyota Motor Sales, U.S.A., Inc.
Case details for

In re State Auto. Ins.

Case Details

Full title:IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE CO

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

Date published: Oct 12, 2011

Citations

No. 04-11-00708-CV (Tex. App. Oct. 12, 2011)

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In re Toyota Motor Sales, U.S.A., Inc.

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