In Re: State Farm Mutual Automobile Insurance Company and Betty Genale Thomas v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 6, 2024
• Docket: 05-24-00232-CV
• Status: Published

Opinion

Denied and Opinion Filed March 6, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00232-CV

IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND BETTY GENALE THOMAS, Relators

Original Proceeding from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-23-06609-E

MEMORANDUM OPINION Before Justices Partida-Kipness, Nowell, and Miskel Opinion by Justice Partida-Kipness Before the Court are relators’ February 29, 2024 petition for writ of

mandamus and emergency motion for temporary relief. In their petition, relators

challenge the trial court’s orders (1) denying their motion to sever and abate, (2)

denying their motions to quash their respective depositions, and (3) granting real

party in interest’s motion to quash relators’ depositions by written questions to

certain medical providers. In their emergency motion, relators ask to have their

depositions stayed pending our action on the petition.

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

abused its discretion and 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 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 as moot relators’ emergency motion for temporary relief.1

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 240232F.P05

1 Miskel, J., would have granted the emergency motion for temporary relief and requested a response. –2–