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
DecidedMay 24, 2021
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. 2021).

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 Benavides, Hinojosa, and Silva Order Per Curiam

We previously abated this appeal pending resolution by the Texas Supreme Supreme Court of two cases for which petitions for review were pending: Allstate Ins. v.

Irwin, 606 S.W.3d 774 (Tex. App.—San Antonio 2019) aff’d, No. 19-0885 (Tex. May 21,

2021) available at https://www.txcourts.gov/media/1452226/190885.pdf and Allstate Fire

& Cas. Ins. v. Inclan, No. 13-19-00026-CV, 2020 WL 373061 (Tex. App.—Corpus Christi–

Edinburg Jan. 23, 2020, pet. denied) (mem. op.).

The Texas Supreme Court has issued an opinion in Irwin and it has denied the

petition for review filed in Inclan. Now that the Texas Supreme Court has disposed of

those cases, we reinstate the appeal and request supplemental briefing as to the impact,

if any, that these two cases have on the instant appeal. See TEX. R. APP. P. 38.7.

Appellant’s supplemental brief shall be filed within twenty-one days from the date

of this order, and appellees’ supplemental brief, if any, shall be filed within fourteen days

thereafter. This appeal is abated and removed from the Court’s active docket until receipt

of the requested briefing.

PER CURIAM

Delivered and filed on the 24th day of May, 2021.

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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-2021.