in Re State Farm Lloyds, Richard Freymann, and Sylvia Garza ( 2014 )

NUMBER 13-14-00430-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE STATE FARM LLOYDS, RICHARD FREYMANN,
AND SYLVIA GARZA
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Perkes and Longoria
Memorandum Opinion1 Per Curiam
Relators, State Farm Lloyds, Richard Freymann, and Sylvia Garza, 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,
Roman Vera Jr. and Edna V. Vera, individually and as trustees for the Roman and Edna
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).
Vera Living Trust, until sixty days after they provide relators with a 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). By order previously issued in
this cause, this Court granted temporary relief and requested that the real parties in
interest file a response to the petition for writ of mandamus. See TEX. R. APP. P.
52.8(a),(b). The real parties filed a motion for extension of time to file their response,
which we hereby grant. Such response has been duly filed.
The Court, having examined and fully considered the petition for writ of mandamus,
the response, 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 _____
(Tex. App.—Corpus Christi Aug. 27, 2014, orig. proceeding) (mem. op.), available at
http://www.search.txcourts.gov/case.aspx?cn=13-14-00348-CV. Accordingly, the Court
WITHDRAWS its request for the real parties to file a response to the petition for writ of
mandamus and DISMISSES the real parties’ motion for extension of time as moot. The
Court LIFTS the stay previously imposed by this Court and 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
2nd day of September, 2014.
2