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

• Court: Court of Appeals of Texas
• Decided: May 22, 2024
• Docket: 05-24-00548-CV
• Status: Published

Opinion

DENIED and Opinion Filed May 22, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00548-CV

IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND BRITTANY MAEGAN PIERPORT, 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 Reichek, Goldstein, and Kennedy Opinion by Justice Goldstein In their May 10, 2024 petition for writ of mandamus, relators seek relief from

the trial court’s (1) December 4, 2023 order denying relators’ motion to sever and

abate and (2) August 29, 2023 order granting real party in interest’s motion to quash

and for protective order against relators’ notice of intention to take deposition by

written questions and January 31, 2024 order denying reconsideration of the same.

Entitlement to mandamus relief requires a relator to show that the trial court

clearly abused its discretion and that the relator lacks 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).

Also before the Court is relators’ May 10, 2024 emergency motion for

temporary relief seeking to stay an upcoming June 4, 2024 trial setting. Having

denied the petition, we also deny relators’ emergency motion as moot.

/Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN 240548F.P05 JUSTICE

–2–