Court of Civil Appeals of Texas, 2008

in Re Forever Enterprises, Inc.

in Re Forever Enterprises, Inc.
Court of Civil Appeals of Texas · Decided October 16, 2008

in Re Forever Enterprises, Inc.

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-08-442 CV

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IN RE FOREVER ENTERPRISES, INC.




Original Proceeding



MEMORANDUM OPINION

Forever Enterprises, Inc. filed a petition for a writ of mandamus to compel the trial court to rescind its severance order and abate the entire action until final judicial resolution of receivership proceedings against Memorial Service Life Insurance Company, Lincoln Memorial Life Insurance Company, and National Prearranged Services, Inc. The receivership court retains exclusive jurisdiction over all property of the receivership estate. See Tex. Ins. Code Ann. § 443.005(c) (Vernon 2008). Although not itself in receivership, the relator argues the fraud claims brought by Broussard's Mortuary, Inc. necessarily involve receivership property because those claims arise out of the breach of a letter agreement with one of the companies in receivership.

The petition and mandamus record filed by the relator in this case fail to establish the trial court abused its discretion by granting the motion to sever. Accordingly, we deny the petition for writ of mandamus and the relator's request for a temporary stay of the proceedings in the trial court.

PETITION DENIED.

PER CURIAM

Opinion Delivered October 16, 2008

Before McKeithen, C.J., Kreger and Horton, JJ.

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