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

• Court: Court of Appeals of Texas
• Decided: August 15, 2024
• Docket: 05-23-01108-CV
• Status: Published

Opinion

DENIED and Opinion Filed August 15, 2024

S In the Court of Appeals Fifth District of Texas at Dallas No. 05-23-01108-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-A

MEMORANDUM OPINION Before Justices Partida-Kipness, Carlyle, and Garcia Opinion by Justice Carlyle Before the Court is relators’ November 3, 2023 petition for writ of mandamus.

Relators challenge the trial court’s (1) decision to strike relators’ second amended

answer and (2) denial of relators’ motions for leave to file a second amended answer

and Civil Practice and Remedies Code § 18.001 counter-affidavit.

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).

/Cory L. Carlyle/ CORY L. CARLYLE JUSTICE 231108F.P05

–2–