In Re: State Farm Mutual Automobile Company and Brittany Maegan Pierpont v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 23, 2023
• Docket: 05-23-00495-CV
• Status: Published

Opinion

DENIED and Opinion Filed May 23, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00495-CV

IN RE STATE FARM MUTUAL AUTOMOBILE COMPANY AND BRITTANY MAEGAN PIERPONT, Relators

Original Proceeding from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-22-03601-B

MEMORANDUM OPINION Before Justices Pedersen, III, Nowell, and Miskel Opinion by Justice Nowell Before the Court are relators’ May 22, 2023 petition for writ of mandamus

and emergency motion to stay. Relators challenge the trial court’s May 15, 2023

“Order Denying Defendants’ Motion to Quash Plaintiff’s Notice of Intent to Take

Oral and Video-Taped Deposition of Defendant State Farm’s Corporate

Representative and Motion for Protective Order.”

Entitlement to mandamus relief requires relators to show that the trial court

clearly abused its discretion and that relators lack an adequate appellate remedy. In

re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing relators’ petition and the record before us, we conclude

that relators have failed to demonstrate entitlement to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

We also deny relators’ emergency motion as moot.

Further, relators’ May 22, 2023 “Verified Record in Support of Petition for

Writ of Mandamus” contains unredacted sensitive information, including driver’s

license and tax-identification numbers, in violation of Texas Rule of Appellate

Procedure 9.9. See TEX. R. APP. P. 9.9. Accordingly, we STRIKE relators’

mandamus record.

230495f.p05 /Erin A. Nowell// ERIN A. NOWELL JUSTICE

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