Court of Civil Appeals of Texas, 2009

in Re RVOS Farm Mutual Insurance Company

in Re RVOS Farm Mutual Insurance Company
Court of Civil Appeals of Texas · Decided August 27, 2009

in Re RVOS Farm Mutual Insurance Company

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-09-00298-CV

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IN RE RVOS FARM MUTUAL INSURANCE COMPANY




Original Proceeding



MEMORANDUM OPINION

RVOS Farm Mutual Insurance Company petitioned this Court for mandamus relief against the trial court on a motion to transfer venue. The real parties in interest, Roy Ennis and Gladys Ennis, contend the trial court followed established law in ruling that the contractual venue selection clause is unenforceable. See In re Texas Ass'n of School Bds., Inc., 169 S.W.3d 653, 654-55 (Tex. 2005); Tex. Civ. Prac. & Rem. Code Ann. § 15.020 (Vernon Supp. 2008).

Mandamus relief is available only to correct a clear abuse of discretion. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004). In this case, the relator has not shown that it is entitled to mandamus relief on its motion to transfer. Accordingly, we deny the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Submitted on August 5, 2009

Opinion Delivered August 27, 2009



Before Gaultney, Kreger, and Horton, JJ.

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