in Re General Insurance Company of America

• Court: Court of Appeals of Texas
• Decided: December 11, 2018
• Docket: 05-18-00828-CV
• Status: Published

Opinion

DENY; and Opinion Filed December 11, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00828-CV

IN RE GENERAL INSURANCE COMPANY OF AMERICA, Relator

Original Proceeding from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-03849

MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Stoddart Opinion by Justice Lang-Miers Before the Court is relator’s petition for writ of mandamus in which relator complains of

the trial court’s order denying, in part, relator’s motion to quash the notice of deposition of its

corporate representative. To be entitled to mandamus relief, a relator must show both that the trial

court has clearly abused its discretion and that relator has no adequate appellate remedy. In re

Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Based on the record

before us, we conclude relator has not shown it is entitled to the relief requested. Accordingly, we

deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the

petition if the court determines relator is not entitled to the relief sought).

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS 180828F.P05 JUSTICE