in Re State Farm Lloyds, Antone Eugene Jones, and Gregory Latty ( 2015 )

Opinion issued July 21, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00850-CV
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IN RE STATE FARM LLOYDS, ANTONE EUGENE JONES, AND
GREGORY LATTY, Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relators, State Farm Lloyds, Antone Eugene Jones, and Gregory Latty, filed
a petition for writ of mandamus challenging respondent’s September 12, 2014
order denying their verified plea in abatement, filed under section 541.155(a) of
the Texas Insurance Code, for the real party in interest’s failure to provide timely
and proper pre-suit notice.1 The Court requested and received a response from the
real party in interest, Rosie Hansen, received relators’ reply, heard argument, and
received relators’ post-argument brief. The Court, having examined and fully
considered the petition, response, reply, argument, and post-argument brief, is of
the opinion that relators have not shown themselves entitled to the relief sought.2
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP.
P. 52.8(a), (d).
PER CURIAM
Panel consists of Justices Jennings, Higley, and Huddle.
1
The underlying case is Rosie Hansen v. State Farm Lloyds, Antone Eugene Jones,
and Gregory Latty, Cause No. 2014-40190, in the 152nd District Court of Harris
County, Texas, the Honorable Robert Schaffer presiding.
2
Relators’ reply referred this Court to a similar mandamus petition, filed by relator
State Farm Lloyds before filing this petition and seeking relief identical to the
relief requested here, that the Thirteenth Court of Appeals denied. See In re State
Farm Lloyds, Richard Freymann, and Nathan Burris, No. 13-14-00347-CV, 2014
WL 4243701 (Tex. App.—Corpus Christi-Edinburg Aug. 27, 2014, orig.
proceeding [mand. denied]). On June 21, 2015, the Texas Supreme Court denied
that petition, and two related ones, without opinion. See The Supreme Court of
Texas, Orders Pronounced June 12, 2015, Miscellaneous, 14-0829, at 4, available
at http://www.txcourts.gov/media/999576/supreme-court-of-texas-orders-06-12-
2015.pdf (last viewed June 12, 2015).
2