in Re Markel American Insurance Company

• Court: Court of Appeals of Texas
• Decided: August 24, 2021
• Docket: 05-21-00177-CV
• Status: Published

Opinion

DENY and Opinion Filed August 24, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00177-CV

IN RE MARKEL AMERICAN INSURANCE COMPANY, Relator

Original Proceeding from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-20-02181-D

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Smith Opinion by Justice Reichek In its March 22, 2021 petition for writ of mandamus, relator challenges the

trial court’s orders denying the plea in abatement, denying the request to compel

examinations under oath, and denying protection from discovery pending abatement.

Entitlement to mandamus relief requires relator to show that the trial court clearly

abused its discretion and that relator lacks an adequate appellate remedy. In re

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

Based on our review of the petition, real party in interest’s response, relator’s

reply, and the record before us, we conclude that relator has failed to show its

entitlement to the relief requested. Accordingly, we deny the petition for writ of

mandamus. We also lift the stay issued by this Court’s March 24, 2021 order.

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE 210177F.P05

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