Court of Civil Appeals of Texas, 2024

In Re Homeowners of America Insurance Company v. the State of Texas

In Re Homeowners of America Insurance Company v. the State of Texas
Court of Civil Appeals of Texas · Decided September 26, 2024

In Re Homeowners of America Insurance Company v. the State of Texas

Opinion

Opinion issued September 26, 2024

In The Court of Appeals For The First District of Texas ———————————— NO. 01-24-00697-CV ——————————— IN RE HOMEOWNERS OF AMERICA INSURANCE COMPANY, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, Homeowners of America Insurance Company, filed a petition for writ of mandamus challenging the trial court’s April 4, 2022 order denying its motion for summary judgment and the May 16, 2022 order granting summary judgment in favor of real party in interest, Kyle J. McPike.1 Relator’s mandamus petition requests that

The underlying case is Kyle J. McPike v. Homeowners of America Insurance Co., Cause No. 2021-70308, in the 215th District Court of Harris County, Texas, the Honorable Elaine Palmer presiding. this Court issue a writ of mandamus “instructing the trial court to (1) vacate its order denying [relator’s] motion for summary judgment; (2) vacate its order granting McPike’s motion for summary judgment; and (3) render a take-nothing summary judgment.”

We deny relator’s petition for writ of mandamus. We dismiss any pending motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Goodman and Guerra.

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