In Re: State Farm Mutual Automobile Insurance Company and Jeff Herridge v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 1, 2023
• Docket: 05-23-01174-CV
• Status: Published

Opinion

DENIED and Opinion Filed December 1, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01174-CV

IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND JEFF HERRIDGE, Relators

Original Proceeding from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-19-03296-D

MEMORANDUM OPINION Before Justices Partida-Kipness, Carlyle, and Garcia Opinion by Justice Garcia Before the Court are relators’ November 21, 2023 petition for writ of

mandamus and November 29, 2023 emergency motion for temporary relief. In their

petition, relators challenge the trial court’s denial of their motion for separate trials

and abatement. In their emergency motion, relators seek to stay certain discovery

pending our action on the petition.

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).

We also deny relators’ emergency motion as moot.

/Dennise Garcia/ DENNISE GARCIA 231174F.P04 JUSTICE

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