in Re State Farm LLoyds ( 2014 )

NUMBER 13-14-00529-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE STATE FARM LLOYDS
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Longoria
Memorandum Opinion Per Curiam1
Relator, State Farm Lloyds, has filed a petition for writ of mandamus requesting
that this Court direct respondent, the Honorable Rose Guerra Reyna, Presiding Judge of
the 206th District Court of Hidalgo County, Texas, to withdraw her order denying relator’s
verified plea in abatement and to enter an order abating the suit for damages brought
against relator by the real parties in interest, Francisco Perez and Maria Alma Perez, until
sixty days after they provide relator with a notice letter for their claim stating the specific,
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
separate amounts for the claimed damages and attorney’s fees. See TEX. INS. CODE
ANN. § 541.154 (West, Westlaw through 2013 3d C.S.) (“Prior Notice of Action”); id. §
541.155 (West, Westlaw through 2013 3d C.S.) (“Abatement”); TEX. R. APP. P. 52.1
(“Commencement” of Original Proceedings). In addition, relator requests that this Court
issue immediate temporary relief staying respondent’s order denying the plea in
abatement. See TEX. R. APP. P. 52.10 (“Temporary Relief”).
The Court, having examined and fully considered the petition for writ of mandamus
and the applicable law, is of the opinion that the petition for writ of mandamus should be
denied for the reasons expressed in our opinion in In re State Farm Lloyds, Richard
Freymann, and Nathan Burris, No. 13-14-00347-CV, 2014 WL 4243701, at **4–9 (Tex.
App.—Corpus Christi Aug. 27, 2014, orig. proceeding) (mem. op). Accordingly, the
Court DENIES the petition for writ of mandamus and request for immediate temporary
relief. See TEX. R. APP. P. 52.8(d).
PER CURIAM
Delivered and filed the
19th day of September, 2014.
2