in Re Farmers Texas County Mutual Insurance Company and David Holub

• Court: Court of Appeals of Texas
• Decided: April 15, 2021
• Docket: 02-20-00352-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-20-00352-CV

IN RE FARMERS TEXAS COUNTY § Original Proceeding MUTUAL INSURANCE COMPANY AND DAVID HOLUB, Relators § County Court at Law No. 2

§ of Tarrant County, Texas

§ Trial Court No. 2019-000056-2

§ April 15, 2020

§ Memorandum Opinion by Justice Wallach

JUDGMENT

This court has considered relators’ petition for writ of mandamus and holds

that the petition should be conditionally granted. Accordingly, we conditionally grant

Relators’ Farmers Texas County Mutual Insurance Company and David Holub’s

petition for writ of mandamus to the extent the trial court denied their motion to

abate and direct the trial court to vacate its order denying their motion to abate and to

enter an order granting their motion to abate consistent with the relief granted by the

Texas Supreme Court in the In re State Farm Mutual Automobile Insurance Co., Nos. 19- 0791, 19-0792, 2021 WL 1045651 (Tex. Mar. 19, 2021) (orig. proceeding) opinion. To

the extent Farmers and Holub sought any other relief, we deny their petition for writ

of mandamus. We are confident that the trial court will comply, and the writ will issue

only if it does not.

SECOND DISTRICT COURT OF APPEALS

By _/s/ Mike Wallach___________________ Justice Mike Wallach