Court of Civil Appeals of Texas, 2021

Allstate Fire and Casualty Insurance Company v. Fernando R. Rodriguez and Gwendle Garza, Individually and as Next Friends of Draven Rodriguez and Jolivie Rodriguez, Minor Children

Allstate Fire and Casualty Insurance Company v. Fernando R. Rodriguez and Gwendle Garza, Individually and as Next Friends of Draven Rodriguez and Jolivie Rodriguez, Minor Children
Court of Civil Appeals of Texas · Decided May 24, 2021

Allstate Fire and Casualty Insurance Company v. Fernando R. Rodriguez and Gwendle Garza, Individually and as Next Friends of Draven Rodriguez and Jolivie Rodriguez, Minor Children

Opinion

NUMBER 13-18-00616-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG

ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Appellant, v. FERNANDO R. RODRIGUEZ AND GWENDLE GARZA, INDIVIDUALLY AND AS NEXT FRIENDS OF DRAVEN RODRIGUEZ AND JOLIVIE RODRIGUEZ, MINOR CHILDREN, Appellees.

On appeal from the 24th District Court of Victoria County, Texas.

ORDER OF ABATEMENT Before Justices Benavides, Hinojosa, and Silva Order Per Curiam We previously abated this appeal pending resolution by the Texas Supreme Supreme Court of two cases for which petitions for review were pending: Allstate Ins. v. Irwin, 606 S.W.3d 774 (Tex. App.—San Antonio 2019) aff’d, No. 19-0885 (Tex. May 21, 2021) available at https://www.txcourts.gov/media/1452226/190885.pdf and Allstate Fire & Cas. Ins. v. Inclan, No. 13-19-00026-CV, 2020 WL 373061 (Tex. App.—Corpus Christi– Edinburg Jan. 23, 2020, pet. denied) (mem. op.).

The Texas Supreme Court has issued an opinion in Irwin and it has denied the petition for review filed in Inclan. Now that the Texas Supreme Court has disposed of those cases, we reinstate the appeal and request supplemental briefing as to the impact, if any, that these two cases have on the instant appeal. See TEX. R. APP. P. 38.7.

Appellant’s supplemental brief shall be filed within twenty-one days from the date of this order, and appellees’ supplemental brief, if any, shall be filed within fourteen days thereafter. This appeal is abated and removed from the Court’s active docket until receipt of the requested briefing.

PER CURIAM

Delivered and filed on the 24th day of May, 2021.

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