In Re Homeowners of America Insurance Company v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 13, 2023
• Docket: 01-23-00401-CV
• Status: Published

Opinion

Opinion issued June 13, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00401-CV ——————————— IN RE HOMEOWNERS OF AMERICA INSURANCE COMPANY, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator Homeowners of America Insurance Company (“Relator”) filed a

petition for writ of mandamus requesting we order Respondent, the Hon. C. Elliott

Thornton, to (1) vacate her order of January 20, 2023 denying Relator’s Plea in

Abatement; (2) render a new order compelling Real Parties in Interest “to participate

in an appraisal and abating the lawsuit until the appraisal is completed;” and (3) vacate her order of May 3, 2023 granting Real Parties’ motion to compel production

of documents.1

We deny the petition. TEX. R. APP. P. 52.8(a). All pending motions are denied

as moot.

PER CURIAM

Panel consists of Justices Goodman, Landau, and Rivas-Molloy.

1 The underlying case is Rebecca Cantu and Miguel Cantu v. Homeowners of America Insurance Company, Cause No. 2022-72302, pending in the 164th District Court of Harris County, Texas, the Honorable C. Elliott Thornton presiding.