in Re State Farm Lloyds, Richard Freymann, and Rolando Renteria ( 2014 )

NUMBER 13-14-00385-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE STATE FARM LLOYDS, RICHARD FREYMANN,
AND ROLANDO RENTERIA
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 Rolando Renteria, 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 party in
interest, Alicia Salas, until sixty days after she provides relators with a notice letter for her
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).
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 party in interest
file a response to the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a),(b).
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
LIFTS the stay previously imposed by this Court and DENIES the petition for writ of
mandamus. See TEX. R. APP. P. 52.8(d).
PER CURIAM
Delivered and filed the
2nd day of September, 2014.
2