In Re: State Automobile Mutual Insurance Company v. the State of Texas

Court of Appeals of Texas

In Re: State Automobile Mutual Insurance Company v. the State of Texas

DecidedSeptember 29, 2023

Docket12-23-00216-CV

StatusPublished

This text of In Re: State Automobile Mutual Insurance Company v. the State of Texas (In Re: State Automobile Mutual Insurance Company v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re: State Automobile Mutual Insurance Company v. the State of Texas, (Tex. Ct. App. 2023).

Pincite

Opinion

NO. 12-23-00216-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: §

STATE AUTOMOBILE MUTUAL § ORIGINAL PROCEEDING INSURANCE COMPANY, § RELATOR MEMORANDUM OPINION PER CURIAM State Automobile Mutual Insurance Company filed this original proceeding to challenge Respondent’s order denying its motion to quash the deposition of a corporate representative. 1 Relator filed an unopposed motion to dismiss this proceeding on grounds that the parties reached an agreement concerning the subject of the mandamus petition. Accordingly, we grant the motion and dismiss the petition for writ of mandamus. See TEX. R. APP. P. 42.1. In accordance with the agreement, costs are taxed against the party incurring same. We lift our stay of August 23, 2023. Opinion delivered September 29, 2023. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

Respondent is the Honorable Steven Kirkland, sitting by assignment in the 145th Judicial District Court of 1

Nacogdoches County, Texas. Kyle Doss is the Real Party in Interest. COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

SEPTEMBER 29, 2023

STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, Relator V. HON. JUDGE STEVEN KIRKLAND, Respondent

ORIGINAL PROCEEDING

ON THIS DAY came to be heard the unopposed motion to dismiss the petition for writ of mandamus filed by State Automobile Mutual Insurance Company; who is the relator in appellate cause number 12-23-00216-CV and the defendant in trial court cause number C2237672, pending on the docket of the 145th Judicial District Court of Nacogdoches County, Texas. Said petition for writ of mandamus having been filed herein on August 22, 2023, and the same having been duly considered, because it is the opinion of this Court that the writ should not issue, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said unopposed motion to dismiss the petition for writ of mandamus be, and the same is, granted and this proceeding is dismissed. Costs are taxed against the party incurring same. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

Free access — add to your briefcase to read the full text and ask questions with AI

NO. 12-23-00216-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: §

STATE AUTOMOBILE MUTUAL § ORIGINAL PROCEEDING INSURANCE COMPANY, § RELATOR MEMORANDUM OPINION PER CURIAM State Automobile Mutual Insurance Company filed this original proceeding to challenge Respondent’s order denying its motion to quash the deposition of a corporate representative. 1 Relator filed an unopposed motion to dismiss this proceeding on grounds that the parties reached an agreement concerning the subject of the mandamus petition. Accordingly, we grant the motion and dismiss the petition for writ of mandamus. See TEX. R. APP. P. 42.1. In accordance with the agreement, costs are taxed against the party incurring same. We lift our stay of August 23, 2023. Opinion delivered September 29, 2023. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

Respondent is the Honorable Steven Kirkland, sitting by assignment in the 145th Judicial District Court of 1

Nacogdoches County, Texas. Kyle Doss is the Real Party in Interest. COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

SEPTEMBER 29, 2023

STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, Relator V. HON. JUDGE STEVEN KIRKLAND, Respondent

ORIGINAL PROCEEDING

ON THIS DAY came to be heard the unopposed motion to dismiss the petition for writ of mandamus filed by State Automobile Mutual Insurance Company; who is the relator in appellate cause number 12-23-00216-CV and the defendant in trial court cause number C2237672, pending on the docket of the 145th Judicial District Court of Nacogdoches County, Texas. Said petition for writ of mandamus having been filed herein on August 22, 2023, and the same having been duly considered, because it is the opinion of this Court that the writ should not issue, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said unopposed motion to dismiss the petition for writ of mandamus be, and the same is, granted and this proceeding is dismissed. Costs are taxed against the party incurring same. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

Cite This Page — Counsel Stack

Bluebook (online)

In Re: State Automobile Mutual Insurance Company v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-state-automobile-mutual-insurance-company-v-the-state-of-texas-texapp-2023.