in Re Farmers Texas County Mutual Insurance Company

NUMBER 13-21-00083-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI — EDINBURG
IN RE FARMERS TEXAS
COUNTY MUTUAL INSURANCE COMPANY
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Contreras and Justices Longoria and Tijerina
Order Per Curiam
On March 19, 2021, relator Farmers Texas County Mutual Insurance Company
filed a petition for writ of mandamus and an opposed motion for temporary relief in the
above cause. In the underlying case, real party in interest Carlota Lozano filed suit against
relator alleging violations of the Texas Insurance Code regarding an uninsured motorist
(UM) claim, but according to relator, Lozano “has not proven her legal entitlement to UM
benefits and does not seek to prove her legal entitlement in this lawsuit.” By petition for
writ of mandamus, relator seeks to compel the trial court to grant its plea to the jurisdiction,
or alternatively to abate the proceedings until Lozano obtains a judgment against the
uninsured motorist who allegedly caused her injuries. Through its opposed motion for
temporary relief, relator seeks to stay the underlying trial court proceedings and all
discovery pending the conclusion of this petition for writ of mandamus.
The Court, having examined and fully considered the opposed motion for
temporary relief, is of the opinion that it should be granted. Accordingly, we grant the
opposed motion for temporary relief and we order all trial court proceedings to be stayed.
See TEX. R. APP. P. 52.10 (“Unless vacated or modified, an order granting temporary relief
is effective until the case is finally decided.”). We request that Lozano, or any others
whose interest would be directly affected by the relief sought, file a response to the
petition for writ of mandamus on or before the expiration of ten days from the date of this
order. See id. R. 52.2, 52.4, 52.8.
PER CURIAM
Delivered and filed on the
23rd day of March, 2021.
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