Allstate Fire and Casualty Insurance Company v. Fernando R. Rodriguez and Gwendle Garza, Individually and as Next Friends of Draven Rodriguez and Jolivie Rodriguez, Minor Children

CourtCourt of Appeals of Texas
DecidedAugust 21, 2020
Docket13-18-00616-CV
StatusPublished

This text of Allstate Fire and Casualty Insurance Company v. Fernando R. Rodriguez and Gwendle Garza, Individually and as Next Friends of Draven Rodriguez and Jolivie Rodriguez, Minor Children (Allstate Fire and Casualty Insurance Company v. Fernando R. Rodriguez and Gwendle Garza, Individually and as Next Friends of Draven Rodriguez and Jolivie Rodriguez, Minor Children) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Allstate Fire and Casualty Insurance Company v. Fernando R. Rodriguez and Gwendle Garza, Individually and as Next Friends of Draven Rodriguez and Jolivie Rodriguez, Minor Children, (Tex. Ct. App. 2020).

Opinion

NUMBER 13-18-00616-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Appellant,

v.

FERNANDO R. RODRIGUEZ AND GWENDLE GARZA, INDIVIDUALLY AND AS NEXT FRIENDS OF DRAVEN RODRIGUEZ AND JOLIVIE RODRIGUEZ, MINOR CHILDREN, Appellees.

On appeal from the 24th District Court of Victoria County, Texas.

ORDER OF ABATEMENT

Before Justices Hinojosa, Perkes, and Tijerina Order Per Curiam

The Supreme Court of Texas has requested briefing on the merits in response to

a petition for review filed in Allstate Ins. Co. v. Irwin, ___ S.W.3d ___, No. 04-18-00293- CV, 2019 WL 3937281 (Tex. App.—San Antonio Aug. 21, 2019, pet. filed). A petition for

review has also been filed in Allstate Fire & Cas. Ins. Co. v. Inclan, No. 13-19-00026-CV,

2020 WL 373061, at *1 (Tex. App.—Corpus Christi–Edinburg Jan. 23, 2020, pet. filed)

(mem. op.). Both cases concern issues raised in the instant appeal. Judicial economy

dictates that we should abate the instant appeal pending the potential guidance that the

supreme court’s disposition of Irwin and Inclan may provide. The parties are assured that

upon reinstatement they will be afforded an opportunity to brief what impact, if any, these

two cases have on the instant appeal. Accordingly, this appeal is ABATED and removed

from the Court’s active docket pending further order.

IT IS SO ORDERED.

PER CURIAM

Delivered and filed the 21st day of August, 2020.

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Allstate Fire and Casualty Insurance Company v. Fernando R. Rodriguez and Gwendle Garza, Individually and as Next Friends of Draven Rodriguez and Jolivie Rodriguez, Minor Children, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-fire-and-casualty-insurance-company-v-fernando-r-rodriguez-and-texapp-2020.