in Re Farmers Insurance Exchange

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00328-CV In re Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange,

Mid-Century Insurance Company, Mid-Century Insurance Company of Texas, Farmers

New World Life Insurance Company, Farmers Texas County Mutual Insurance Company,

Texas Farmers Insurance Company, and Farmers Group, Inc.

ORIGINAL PROCEEDING FROM TRAVIS COUNTY O R D E R

PER CURIAM

On June 14, 2004, relators Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, Mid-Century Insurance Company of Texas, Farmers New World Life Insurance Company, Farmers Texas County Mutual Insurance Company, Texas Farmers Insurance Company, and Farmers Group, Inc. filed a petition for writ of mandamus; on June 15, relators filed a motion for temporary relief requesting that this Court stay the complained-of Order on Form of Class Notice, signed by the trial court on June 10, pending our ruling in the mandamus proceeding. The Court is of the opinion that the motion should be granted to protect this Court's jurisdiction.

Therefore, the Order on Form of Class Notice issued by the 98th District Court of Travis County in Cause No. GN-001634 on June 10, 2004 is hereby stayed until further order of this Court. The real parties-in-interest, class representatives Michael Leonard and Michael Sawyer, have been ordered to file in this Court a written response to the petition for writ of mandamus on or before 5:00 o'clock p.m. on Monday, June 21, 2004. This order stays the June 21 issuance of class notice and the corresponding opt-out deadline provided for in the trial court's order.

It is ORDERED this 16th day of June, 2004.

Before Justices Kidd, Puryear and Pemberton