Court of Appeals of Texas, 2017

in Re Houston Specialty Insurance Co.

in Re Houston Specialty Insurance Co.
Court of Appeals of Texas · Decided December 12, 2017
in Re Houston Specialty Insurance Co.

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 12, 2017.

In The

Fourteenth Court of Appeals

NO. 14-17-00928-CV

IN RE HOUSTON SPECIALTY INSURANCE CO., Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 234th District Court Harris County, Texas Trial Court Cause No. 2017-48607 MEMORANDUM OPINION

On November 28, 2017, relator Houston Specialty Insurance Co. filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Wesley Ward, presiding judge of the 234th District Court of Harris County, to vacate his November 13, 2017 order denying relator’s First Amended Motion to Dismiss under Texas Rule of Civil Procedure 91a.

To obtain mandamus relief, a relator generally must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

Relator has not established that it is entitled to mandamus relief. We therefore deny relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Christopher, Donovan, and Jewell.

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