In Re: State Farm Mutual Automobile Insurance Company and Melissa Linette Burrris v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 13, 2024
• Docket: 05-24-01248-CV
• Status: Published

Opinion

Denied and Opinion Filed November 13, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01248-CV

IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND MELISSA LINETTE BURRRIS, Relators

Original Proceeding from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-23-04980-A

MEMORANDUM OPINION Before Justices Partida-Kipness, Nowell, and Miskel Opinion by Justice Partida-Kipness Before the Court are relators’ October 24, 2024 petition for writ of mandamus

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

trial court ruling denying their motion to quash their respective depositions. In their

emergency motion, relators seek to stay the depositions pending our action on the

petition.

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

clearly abused its discretion and 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 relators have failed to demonstrate entitlement to mandamus relief. See In re State

Farm Mut. Auto. Ins. Co., No. 05-23-01062-CV, 2023 WL 7984390, at *1 (Tex.

App.—Dallas Nov. 17, 2023, orig. proceeding) (mem. op.).

Accordingly, we deny relators’ petition for writ of mandamus. See TEX. R.

APP. P. 52.8(a). We also deny as moot relators’ emergency motion for temporary

relief.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS 241248F.P05 JUSTICE

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