Opinion
05-24-00229-CV
08-23-2024
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, TODD JOSEPH DAUPER, AND ARMANDO DE DIEGO, Relators
Original Proceeding from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-23-00225-D
Before Justices Molberg, Reichek, and Breedlove
ORDER
KEN MOLBERG, JUSTICE
Based on the Court's opinion of this date, we CONDITIONALLY GRANT relators' petition for writ of mandamus as to the trial court's two February 19, 2024 orders and its February 26, 2024 order, all of which required relator Armando De Diego to pay certain sums within a specified amount of time and before final judgment.
The Court ORDERS the Honorable Dianne Jones, Judge, Dallas County Court at Law Number 4, within seven days of the date of this order, to sign a new order either (1) providing that the amounts ordered to be paid by De Diego in her February 19, 2024 and February 26, 2024 orders are payable only at a date that coincides with or follows entry of a final order terminating the litigation and vacating the portions of her February 19, 2024 and February 26, 2024 orders providing earlier deadlines or (2) promptly setting a hearing and thereafter making express written findings explaining why ordering De Diego to pay the amounts ordered in its February 19, 2024 and February 26, 2024 orders before entry of a final judgment will not significantly impair State Farm's willingness or ability to continue the litigation.
The Court further ORDERS the Honorable Dianne Jones, Judge, Dallas County Court at Law Number 4, to file with the Clerk of this Court, within seven days of this order, written notification informing this Court of the action taken in compliance with this order.
The writ of mandamus will issue only if the Honorable Dianne Jones, Judge, Dallas County Court at Law Number 4, fails to comply with this Court's order.