Court of Civil Appeals of Texas, 2011

in Re State Farm Automobile Insurance Company, Relator

in Re State Farm Automobile Insurance Company, Relator
Court of Civil Appeals of Texas · Decided October 12, 2011

in Re State Farm Automobile Insurance Company, Relator

Opinion

MEMORANDUM OPINION No. 04-11-00708-CV IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. Original Mandamus Proceeding 1 PER CURIAM Sitting: Karen Angelini, Justice Phylis Speedlin, Justice Marialyn Barnard, Justice Delivered and Filed: October 12, 2011 PETITION FOR WRIT OF MANDAMUS DENIED On September 26, 2011, relator filed a petition for writ of mandamus, asking us to review the trial court’s reasons for granting a new trial. However, we recently held that such mandamus review is not available. See In re Camp Mystic, Inc., No. 04-10-00766-CV (Tex. App.—San Antonio Oct. 5, 2011, orig. proceeding) (mem. op.), available at http://www.4thcoa.courts.state.tx.us/opinions/docket.asp?FullDate=20111005. Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).

PER CURIAM

This proceeding arises out of Cause No. 2010-CI-00042, styled Sioban Leszczynski, Individually and Personal Representative of the Estate of Avis Kilbride, et al. v. State Farm Mutual Automobile Insurance Company, in the 37th Judicial District Court, Bexar County, Texas, the Honorable David A. Berchelmann presiding. However, the order complained of was signed by the Honorable Peter A. Sakai, presiding judge of the 225th Judicial District Court, Bexar County, Texas.

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