in Re Colonial Lloyds Insurance Company, Atlas General Agency LLC, Jim Kight and Wesley Broadus

• Court: Court of Appeals of Texas
• Decided: June 9, 2011
• Docket: 14-11-00358-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed June 9, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00358-CV

IN RE COLONIAL LLOYDS INSURANCE COMPANY, ATLAS GENERAL AGENCY, LLC, JIM KIGHT, and WESLEY BROADUS Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

11th District Court

Harris County, Texas

Trial Court Cause No. 2009-27901

M E M O R A N D U M   O P I N I O N

            On April 28, 2011, relators, Colonial Lloyds Insurance Company, Atlas General Agency, LLC, Jim Kight, and Wesley Broadus, filed a petition for writ of mandamus in this court.  See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52.1.  In their petition, relators asked that we direct the Honorable Mike Miller, presiding Judge of the 11th District Court in Harris County, Texas, to vacate his order dated April 12, 2011, denying their motion to compel appraisal and abate the litigation and direct him to compel appraisal.  We granted in part relators’ emergency motion for a stay of litigation pending resolution of this proceeding.  On April 28, 2011, this court issued an order staying discovery that was ordered produced or answered by April 25, 2011, and May 6, 2011.

            On May 13, 2011, the real parties in interest, William and Joyce Chambers, filed a response to relators’ petition for writ of mandamus.  In their response, the real parties asserted that the trial court should be permitted to reconsider its ruling without prejudice to realtors’ right to re-file a petition for writ of mandamus.  See General Motors Corp. v. Gayle, 940 S.W.2d 598, 599 (Tex. 1997).  The real parties filed a motion asking the trial court to reconsider its ruling in light of the Texas Supreme Court’s recent opinion in In re Universal Underwriters of Texas Ins. Co., No. 10-0238, 2011 WL 1713278 (Tex. May 6, 2011).  On June 2, 2011, the real parties filed a First Supplemental Mandamus Record containing an order that the respondent signed on May 23, 2011, vacating his April 12, 2011, order.  Accordingly, the issues in relators’ petition for writ of mandamus have been rendered moot. 

            We order the petition for writ of mandamus dismissed, without prejudice to re-filing.  Our April 28, 2011, stay order is vacated.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Seymore and Boyce.