in Re State Farm Lloyds, Richard Freymann, Rosanna Baca, and Richard Lee Wallis ( 2014 )

NUMBER 13-14-00391-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE STATE FARM LLOYDS, RICHARD FREYMANN,
ROSANNA BACA, AND RICHARD LEE WALLIS
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, Rosanna Baca, and Richard Lee
Wallis, 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, Mark Dizdar and Kelly Dizdar, until sixty days after they provide
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).
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). Such response has been duly filed.
The Court, having examined and fully considered the petition for writ of mandamus,
the response, the reply, 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