Allstate Fire and Casualty Insurance Company v. Fernando R. Rodriguez and Gwendle Garza, Individually and as Next Friends of Draven Rodriguez and Jolivie Rodriguez, Minor Children

NUMBER 13-18-00616-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ALLSTATE FIRE AND
CASUALTY INSURANCE COMPANY, Appellant,
v.
FERNANDO R. RODRIGUEZ AND
GWENDLE GARZA, INDIVIDUALLY
AND AS NEXT FRIENDS OF
DRAVEN RODRIGUEZ AND
JOLIVIE RODRIGUEZ, MINOR CHILDREN, Appellees.
On appeal from the 24th District Court
of Victoria County, Texas.
ORDER OF ABATEMENT
Before Justices Hinojosa, Perkes, and Tijerina
Order Per Curiam
The Supreme Court of Texas has requested briefing on the merits in response to
a petition for review filed in Allstate Ins. Co. v. Irwin, ___ S.W.3d ___, No. 04-18-00293-
CV, 2019 WL 3937281 (Tex. App.—San Antonio Aug. 21, 2019, pet. filed). A petition for
review has also been filed in Allstate Fire & Cas. Ins. Co. v. Inclan, No. 13-19-00026-CV,
2020 WL 373061, at *1 (Tex. App.—Corpus Christi–Edinburg Jan. 23, 2020, pet. filed)
(mem. op.). Both cases concern issues raised in the instant appeal. Judicial economy
dictates that we should abate the instant appeal pending the potential guidance that the
supreme court’s disposition of Irwin and Inclan may provide. The parties are assured that
upon reinstatement they will be afforded an opportunity to brief what impact, if any, these
two cases have on the instant appeal. Accordingly, this appeal is ABATED and removed
from the Court’s active docket pending further order.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
21st day of August, 2020.
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