In Re State Farm Lloyds v. the State of Texas

Opinion

NUMBER 13-23-00063-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 Justices Benavides, Tijerina, and Peña Memorandum Opinion by Justice Tijerina1

Relator State Farm Lloyds (State Farm) filed a petition for writ of mandamus

asserting that the trial court abused its discretion by appointing an attorney as the umpire

in the appraisal process between State Farm and the real party in interest, Mario

Quintanilla, because the insurance policy at issue requires the umpire to be an engineer,

architect, adjuster, public adjuster, or contractor. See, e.g., In re State Farm Lloyds, No.

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. When granting relief, the court must hand down an opinion as in any other case.”); id. R. 47.4 (distinguishing opinions and memorandum opinions). 13-22-00545-CV, 2023 WL 2029148, at *1–7 (Tex. App.—Corpus Christi–Edinburg Feb.

15, 2023, orig. proceeding) (mem. op.) (“The trial court abused its discretion by appointing

an umpire in contradiction to the requirements delineated in the insurance policy, and

relator lacks an adequate remedy by appeal to address this error.”). We dismiss this

original proceeding as moot.

Mandamus is an extraordinary and discretionary remedy. See In re Allstate Indem.

Co., 622 S.W.3d 870, 883 (Tex. 2021) (orig. proceeding); 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, 138 (Tex. 2004) (orig. proceeding). The relator must show that (1) the trial

court abused its discretion, and (2) the relator lacks an adequate remedy on appeal. In re

USAA Gen. Indem. Co., 624 S.W.3d 782, 787 (Tex. 2021) (orig. proceeding); In re

Prudential Ins. Co. of Am., 148 S.W.3d at 135–36; Walker v. Packer, 827 S.W.2d 833,

839–40 (Tex. 1992) (orig. proceeding). “The relator bears the burden of proving these two

requirements.” In re H.E.B. Grocery Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig.

proceeding) (per curiam); Walker, 827 S.W.2d at 840.

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

and subsequent events, is of the opinion that this matter has been rendered moot. After

this Court requested Quintanilla to file a response to the petition for writ of mandamus,

Quintanilla informed us that he had agreed to file a motion in the underlying proceedings

requesting the trial court to appoint a new umpire pursuant to the qualifications contained

in the insurance policy which “would effectively render [this original proceeding] moot and

avoid a waste of time and resources.” State Farm subsequently notified this Court that

2 the trial court has set aside the order at issue herein, and so “mandamus no longer

appears necessary at this time.”

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

and the foregoing sequence of events, is of the opinion that this original proceeding

should be dismissed as moot. See In re Contract Freighters, Inc., 646 S.W.3d 810, 813

(Tex. 2022) (orig. proceeding) (per curiam); Heckman v. Williamson County, 369 S.W.3d

137, 162 (Tex. 2012); In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005)

(orig. proceeding). Accordingly, we lift the stay previously imposed in this case. See TEX.

R. APP. P. 52.10 (“Unless vacated or modified, an order granting temporary relief is

effective until the case is finally decided.”). We dismiss the petition for writ of mandamus

as moot.

JAIME TIJERINA Justice

Delivered and filed on the 24th day of March, 2023.