in Re Allstate County Mutual Insurance Company

Opinion

Motion Granted and Order filed December 2, 2016.

In The

Fourteenth Court of Appeals ____________

NO. 14-16-00963-CV ____________

IN RE ALLSTATE COUNTY MUTUAL INSURANCE COMPANY, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 239th District Court Brazoria County, Texas Trial Court Cause No. 87242-CV

ORDER

On November 30, 2016, relator Allstate County Mutual Insurance Company filed a petition for writ of mandamus in this court. Relator asks this court to order the Honorable Patrick Sebesta, Judge of the 239th District Court, in Brazoria County, Texas, to vacate the portion his order dated November 23, 2016, denying the motion to abate the proceedings on the extra-contractual claims entered in trial court number 87242-CV, styled Alexa St. Julian v. Allstate County Mutual Insurance Company, and grant the motion to abate those proceedings.

Relator has also filed a motion for temporary stay of the proceedings below. See Tex. R. App. P. 52.8(b), 52.10. On November 30, 2016, relator asked this court to stay discovery of the extra-contractual claims in the trial court, pending a decision on the petition for writ of mandamus.

It appears from the facts stated in the petition and motion that relator’s request for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relator’s motion and issue the following order:

We ORDER all discovery related to the extra-contractual claims in trial court cause number 87242-CV, Alexa St. Julian v. Allstate County Mutual Insurance Company, STAYED until a final decision by this court on relator’s petition for writ of mandamus, or until further order of this court.

In addition, the court requests the real party-in-interest to file a response to the petition for writ of mandamus on or before December 16, 2016. See Tex. R. App. P. 52.4.

PER CURIAM