in Re State Farm Lloyds, Richard Freymann, and Darrell Kovack ( 2014 )

NUMBER 13-14-00513-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE STATE FARM LLOYDS, RICHARD FREYMANN,
AND DARRELL KOVACK
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam1
Relators, State Farm Lloyds, Richard Freymann, and Darrell Kovack, have 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 relators’ verified plea in abatement and to enter an
order abating the suit for damages brought against relators by the real parties in interest,
Leobardo Marquez and Gladis Marquez, until sixty days after they provide relators with a
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).
notice letter for their claim stating the specific, 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, relators request 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
16th day of September, 2014.
2