In Re Golden Bear Insurance Company v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 28, 2024
• Docket: 01-24-00185-CV
• Status: Published

Opinion

Opinion issued March 28, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00185-CV ——————————— IN RE GOLDEN BEAR INSURANCE COMPANY, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Golden Bear Insurance Company (“Golden Bear”), filed a petition

for writ of mandamus challenging the trial court’s January 9, 2024 order denying its

“Pleas in Abatement” which sought an abatement of the underlying lawsuit in favor

of a “prior filed action in federal court involv[ing] the same causes of action, subject

matter, issues, and relief sought.”1 Golden Bear requested that this Court “grant [its]

1 The underlying case is 34th S&S, LLC d/b/a Concrete Cowboy and Daniel Joseph Wierck, Kacy Clemens, and Conner Capel v. Golden Bear Insurance Company and petition for writ of mandamus, vacate [the trial court’s] January 9, 2024[] [o]rder

denying the Pleas in Abatement and direct [the trial court] to stay the Second Filed

State Lawsuit during the pendency of the First Filed Federal Lawsuit.”

Our review of the mandamus petition reflects that Golden Bear has failed to

establish it is entitled to mandamus relief. See Walker v. Packer, 827 S.W.2d 833,

839–40 (Tex. 1992). Accordingly, we deny Golden Bear’s petition for writ of

mandamus. See TEX. R. APP. P. 52.8(a). We dismiss any other pending motions as

moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Guerra and Farris.

Claire W. Parsons, Case No. 2023-38328, in the 11th District Court of Harris County, Texas, the Honorable Kristen Brauchle Hawkins presiding.