in Re Alterra Excess & Surplus Insurance Company F/K/A Max Specialty Insurance Company

Order filed July 10, 2012.

In The

Fourteenth Court of Appeals

____________ NO. 14-12-00608-CV ____________

IN RE ALTERRA EXCESS & SURPLUS INSURANCE COMPANY F/K/A MAX

SPECIALTY INSURANCE COMPANY, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 133rd District Court Harris County, Texas Trial Court Cause No. 2010-58047 ORDER

On June 29, 2012, relator Alterra Excess & Surplus Insurance Company f/k/a Max Specialty Insurance Company filed a petition for writ of mandamus. See Tex. Gov’t Code Ann. § 22.221. Relator asks this court to order The Honorable Jaclanel McFarland, Judge of the 133rd District Court, Harris County, Texas, to set aside portions of her order dated June 4, 2012, entered in trial court cause number 2010-58047, styled GFI Management Services Inc. v. Zurich American Insurance Company, Lexington Insurance Company, Steadfast Insurance Company and Vericlaim, Inc. Relator asserts the trial court abused its discretion in denying its request for appraisal.

It appears from the facts stated in the petition that relator’s request for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. See Tex. R. App. p. 52.8(b), 52.10.

We therefore ORDER that the July 12, 2012 hearing in the court below is stayed with respect to the appointment of an umpire in the ongoing appraisal. The ongoing appraisal between Westchester Surplus Lines Insurance Company and the real parties in interest related to trial court cause number 2010-58047, in the 133rd District Court, Harris County, Texas, styled GFI Management Services Inc. v. Zurich American Insurance Company, Lexington Insurance Company, Steadfast Insurance Company and Vericlaim, Inc. is also stayed until final decision by this court of relator’s petition for writ of mandamus, or until further orders of this court.

This court further requests a response to the petition for writ of mandamus from the real parties in interest to be filed on or before July 31, 2012.

PER CURIAM

Panel consists of Justices Frost, McCally, and Busby.