in Re State Farm LLoyds, Richard Freymann, and Richard Lee Wallis ( 2014 )

NUMBER 13-14-00476-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE STATE FARM LLOYDS, RICHARD FREYMANN,
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, 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 party in
interest, Reveca Heredia, until sixty days after she provides relators with a notice letter
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).
for her 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 _____ (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
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