Opinion
No. 04-14-00519-CV
03-18-2015
IN RE STATE FARM FIRE & CAS. CO.
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Karen Angelini, Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice DISMISSED
This proceeding arises out of Cause No. 2010-CI-02326, styled Ronald Mensch v. State Farm Fire & Casualty Company and Texas Department of Insurance - Division of Workers' Compensation, pending in the 73rd Judicial District Court, Bexar County, Texas, the Honorable Stephani Walsh presiding. The Honorable Barbara Hanson Nellermoe signed the order that gave rise to this proceeding.
Relator State Farm Fire & Casualty Company filed a petition for a writ of mandamus, complaining of a June 12, 2014, order denying its plea to the jurisdiction. Relator sought a writ of mandamus directing the trial judge to dismiss the real party in interest's suit against it for lack of subject matter jurisdiction. The trial court's order was signed by the Honorable Barbara Nellermoe, who was then the judge of the 45th Judicial District Court of Bexar County, Texas. On January 27, 2015, we ordered that the Honorable Stephani Walsh be substituted as the respondent in this proceeding, and we abated the proceedings to allow Judge Walsh to reconsider the decision. See TEX. R. APP. P. 7.2.
On March 5, 2015, Judge Walsh signed an order granting relator's plea and dismissing the real party in interest's claims for want of jurisdiction. Relator has filed a motion to dismiss this original proceeding. We grant the motion and dismiss the petition.
PER CURIAM