in Re Gerald Hooks Jr. and Lesly K. Nolen ( 2016 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
_________________
NO. 09-16-00402-CV
_________________
IN RE GERALD HOOKS JR. AND LESLY K. NOLEN
________________________________________________________________________
Original Proceeding
172nd District Court of Jefferson County, Texas
Trial Cause No. E-167,872
________________________________________________________________________
MEMORANDUM OPINION
In this mandamus proceeding, Gerald Hooks Jr. and Lesly K. Nolen contend
that the trial court abused its discretion by striking their intervention in a class
action, Trial Cause Number E-167,872, Sandra Geter, on Behalf of Herself and All
Others Similarly Situated v. Farmers Group. Inc., et al. Hooks and Nolen are
members of the class, and they have not challenged the adequacy of the
representation of the class. The class representative obtained a summary judgment
on policy renewal and renewal premium rates, and the case is set for a trial limited
to the issue of attorney’s fees for class counsel. See generally Tex. R. Civ. P. 42(h).
1
Mandamus will issue only to correct a clear abuse of discretion or violation
of a duty imposed by law when that abuse cannot be remedied by appeal. In re
Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004); Walker v.
Packer, 827 S.W.2d 833, 839 (Tex. 1992). After reviewing the petition, the
response filed by Farmers 1, the response filed by Sandra Geter, and the appendices
to the petition and the responses, we conclude that the relators have not
demonstrated an abuse of discretion by the trial court for which no adequate
remedy by appeal exists. Accordingly, we deny the petition for writ of mandamus.
PETITION DENIED.
PER CURIAM
Submitted on November 14, 2016
Opinion Delivered November 15, 2016
Before Kreger, Johnson, and Clapp, JJ. 2
1
In this Opinion, “Farmers” collectively refers to Farmers Group, Inc.,
Farmers Underwriters Association, Fire Underwriters Association, Farmers
Insurance Exchange, and Fire Insurance Exchange.
2
The Honorable Judge Randy M. Clapp, Judge of the 329th District Court of
Wharton County, Texas, sitting by assignment. See Tex. Gov’t Code Ann. §
74.003(h) (West 2013).
2