In Re Allied Trust Insurance Company v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 10, 2025
• Docket: 01-25-00183-CV
• Status: Published

Opinion

Opinion issued April 10, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00183-CV ——————————— IN RE ALLIED TRUST INSURANCE COMPANY, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION On March 13, 2025, relator, Allied Trust Insurance Company, filed a petition

for writ of mandamus challenging two trial court orders, including a May 13, 2024

order denying relator’s motion for summary judgment and a November 13, 2024

order denying relator’s “Motion for Reconsideration of Summary Judgment.”1

1 The underlying case is Ashante Parker v. Allied Trust Insurance Company, Cause No. 2024-06579, in the 189th District Court of Harris County, Texas, the Honorable Tamika Craft-Demming presiding. Relator argued that the trial court erred in denying its motions because “the

contractual limitations period on [the] claims [of real party in interest, Ashante

Parker] unequivocally expired prior to the filing” of the underlying lawsuit.

Relator requested that this Court grant the petition for writ of mandamus and

order the trial court to grant relator’s motion for summary judgment and “dismiss

this litigation as a matter of law.”

In connection with its mandamus petition, relator also filed a “Motion for Stay

of Underlying Litigation Pending Mandamus Relief.” In the motion, relator

requested a “stay of the underlying litigation and trial setting in this matter, pending

grant of mandamus relief.”

We conclude that relator has failed to establish that it is entitled to mandamus

relief, and therefore the Court denies relator’s petition for writ of mandamus and

motion for stay. We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Guerra, Caughey, and Morgan.