in Re Liberty Mutual Fire Insurance Company

Opinion

Fourth Court of Appeals San Antonio, Texas July 25, 2014

No. 04-14-00254-CV

IN RE LIBERTY MUTUAL FIRE INSURANCE COMPANY

Original Mandamus Proceedings 1

ORDER

Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Luz Elena D. Chapa, Justice

This court’s opinion and order dated July 2, 2014 are WITHDRAWN. The motion for rehearing filed on behalf of the real party in interest is DENIED. The petition for writ of mandamus filed by relator Liberty Mutual Fire Insurance Company on April 11, 2014 is CONDITIONALLY GRANTED. TEX. R. APP. P. 52.8(c).

The Honorable Amado J. Abascal III is ORDERED to vacate the March 20, 2014 order denying relator’s plea to the jurisdiction and enter an order dismissing the suit for lack of subject matter jurisdiction. The writ will issue only if we are notified that Judge Abascal has not done so within ten days from the date of this order.

It is so ORDERED on July 25th, 2014.

_____________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of July, 2014.

_____________________________ Keith E. Hottle Clerk of Court

1 This proceeding arises out of Cause No. 09-03-11925-ZCV, styled Julian T. Morales v. Liberty Mutual Fire Insurance Company, pending in the 365th Judicial District Court, Zavala County, Texas, the Honorable Amado J. Abascal III presiding.