in Re Cincinnati Insurance Company ( 2020 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-20-00010-CV
IN RE CINCINNATI INSURANCE COMPANY
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Irene Rios, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: January 29, 2020
PETITION FOR WRIT OF MANDAMUS DENIED
On January 7, 2020, relator filed a petition for writ of mandamus, in which it requested a
stay of the January 27, 2020 trial setting pending final resolution of the petition for writ of
mandamus. Mandamus is an extraordinary remedy, available only when the relator can show that:
(1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is
no adequate remedy by way of appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992)
(orig. proceeding). After considering the petition and the record, this court concludes relator did
not satisfy its burden to show its entitlement to the relief sought. Accordingly, the petition for writ
of mandamus is denied. See TEX. R. APP. P. 52.8(a). Relator’s request for a stay is denied as moot.
PER CURIAM
1
This proceeding arises out of Cause No. 18-10-36490-MCV, styled Ronnie Villanueva v. Juan Fernandez, Roberto
Verduzco, and The Cincinnati Insurance Co., pending in the 293rd Judicial District Court, Maverick County, Texas,
the Honorable Maribel Flores presiding.