in Re State Farm Lloyds

• Court: Court of Appeals of Texas
• Decided: September 18, 2014
• Docket: 13-14-00526-CV
• Status: Published

Opinion

NUMBER 13-14-00526-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE STATE FARM LLOYDS

On Petition for Writ of Mandamus.

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Longoria Memorandum Opinion Per Curiam1

Relator, State Farm Lloyds, has filed a petition for writ of mandamus requesting

that this Court direct respondent, the Honorable Rose Guerra Reyna, Presiding Judge of

the 206th District Court of Hidalgo County, Texas, to withdraw her order denying relator’s

verified plea in abatement and to enter an order abating the suit for damages brought

against relator by the real parties in interest, Irineo Macias, Alma Macias, and Maribel

Macias, until sixty days after they provide relator with a notice letter for their claim stating

1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions). the specific, separate amounts for the claimed damages and attorney’s fees. See TEX.

INS. CODE ANN. § 541.154 (West, Westlaw through 2013 3d C.S.) (“Prior Notice of

Action”); id. § 541.155 (West, Westlaw through 2013 3d C.S.) (“Abatement”); TEX. R. APP.

P. 52.1 (“Commencement” of Original Proceedings). In addition, relator requests that

this Court issue immediate temporary relief staying respondent’s order denying the plea

in abatement. See TEX. R. APP. P. 52.10 (“Temporary Relief”).

The Court, having examined and fully considered the petition for writ of mandamus

and the applicable law, is of the opinion that the petition for writ of mandamus should be

denied for the reasons expressed in our opinion in In re State Farm Lloyds, Richard

Freymann, and Nathan Burris, No. 13-14-00347-CV, 2014 WL 4243701, at **4–9 (Tex.

App.—Corpus Christi Aug. 27, 2014, orig. proceeding) (mem. op). Accordingly, the

Court DENIES the petition for writ of mandamus and request for immediate temporary

relief. See TEX. R. APP. P. 52.8(d).

PER CURIAM

Delivered and filed the 18th day of September, 2014.