in Re Liberty County Mutual Insurance Company

• Court: Court of Appeals of Texas
• Decided: February 20, 2020
• Docket: 14-19-00694-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 20, 2020.

In The

Fourteenth Court of Appeals

NO. 14-19-00694-CV

IN RE LIBERTY COUNTY MUTUAL INSURANCE COMPANY, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 334th District Court Harris County, Texas Trial Court Cause No. 2018-86095

MEMORANDUM OPINION

On September 10, 2019, relator Liberty County Mutual Insurance Company (“Liberty”) filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (Supp.); see also Tex. R. App. P. 52. Real party-in-interest and plaintiff is Shane Baldwin. In the petition, relator asks this court to compel the Honorable Steven Kirkland, presiding judge of the 334th District Court of Harris County, to vacate his June 11, 2019 order striking the counter-affidavit of Matthew Koepplinger, D.O. contesting the reasonableness and necessity of Baldwin’s medical expenses.

With certain exceptions not applicable here, to obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy at law, such as an appeal. In re Garza, 544 S.W.3d 836, 840 (Tex. 2018) (orig. proceeding) (per curiam); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

Because Liberty has not shown it has no adequate remedy at law, such as an appeal, we deny Liberty’s petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Zimmerer.