in Re Clear Blue Insurance Co. ( 2022 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-22-00378-CV
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IN RE CLEAR BLUE INSURANCE CO.
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Original Proceeding
260th District Court of Orange County, Texas
Trial Cause No. 210396-C
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MEMORANDUM OPINION
In this mandamus action, Relator Clear Blue Insurance Co. (“Clear Blue”)
seeks to compel the trial court to grant Clear Blue’s motion for continuance in a first-
party insurance dispute. In its petition, Clear Blue argued it would be prejudiced by
having to go to trial when the appraisal process was not then yet complete. On
November 29, 2022, we temporarily stayed the trial, currently set to begin on
December 5, 2022, and we requested a response from the real party in interest,
Maribel Cano.
On November 30, Cano notified the Court that the umpire had rendered his
appraisal award and filed a copy of the award with the Court. Cano now contends
1
the mandamus proceeding is moot because the umpire rendered an award,
completing the appraisal of the insured’s loss, on November 30, 2022. Relator
disputes Cano’s claim asserting the award renders the mandamus petition moot and
claims it isn’t moot because there remains insufficient time to prepare its defenses
tied to issues surrounding the appraisal process. In response, Cano has represented
the trial setting needs to be moved to allow Relator an opportunity to accept or reject
the appraisal results and advised the Court that the trial court will reconsider Clear
Blue’s request for a continuance on December 13, 2022.
In light of these developments, we conclude that Clear Blue obtained the relief
requested in its petition, namely a continuance of the trial until it received an
appraisal award. Accordingly, we lift our order granting temporary relief and dismiss
the relator’s petition for writ of mandamus as moot.1
PETITION DISMISSED.
PER CURIAM
Submitted on November 30, 2022
Opinion Delivered December 2, 2022
Before Kreger, Horton and Johnson, JJ.
1SeeIn re Campos, No. 01-21-00247-CV, 2022 WL 3650129, at *1 (Tex.
App.—Houston [1st Dist.] Aug. 25, 2022, orig. proceeding) (dismissing mandamus
when the proceeding was mooted by subsequent events).
2