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In re Liberty Mut. Fire Ins. Co.

Fourth Court of Appeals San Antonio, Texas
Aug 4, 2014
No. 04-14-00254-CV (Tex. App. Aug. 4, 2014)

Opinion

No. 04-14-00254-CV

08-04-2014

IN RE LIBERTY MUTUAL FIRE INSURANCE COMPANY


Original Mandamus Proceeding

This proceeding arises out of Cause No. 09-03-11925-ZCV, styled Julian T. Morales v. Liberty Mutual Fire Insurance Company, pending in the 365th Judicial District Court, Zavala County, Texas, the Honorable Amado J. Abascal III presiding.

ORDER

Sitting: Catherine Stone, Chief Justice

Sandee Bryan Marion, Justice

Luz Elena D. Chapa, Justice

On July 2, 2014, this court conditionally granted the petition for writ of mandamus filed by relator Liberty Mutual Fire Insurance Company and ordered the trial court to vacate the challenged order and enter an order of dismissal within ten days from the date of this court's order.

On July 8, 2014, real party in interest Julian Morales filed an unopposed motion requesting that this court abate its prior order to allow for the filing of a motion for rehearing. TEX. R. APP. P. 52.9. This court issued an order on July 8, 2014, granting the motion and temporarily abating its order dated July 2.

On July 16, 2014, real party in interest Julian Morales filed a motion for rehearing. On July 25, 2014, this court issued an order withdrawing the July 2 Opinion and Order, denying the motion for rehearing and again directing the trial court to vacate the challenged order and enter an order of dismissal. The opinion accompanying this order did not issue until the following week.

On July 28, 2014, real party in interest filed a second motion for emergency relief requesting that this court abate its July 25 order to allow for a motion for rehearing or for en banc reconsideration. On July 29, 2014, this court issued an order granting the motion and temporarily abating its order dated July 25.

On July 30, 2014, this court issued its substitute opinion conditionally granting the petition for writ of mandamus, indicating that the writ would issue only if the trial court failed to comply within ten days of the July 25 order.

Because this sequence of events understandably caused confusion among the parties to this proceeding, on August 1, 2014, real party in interest filed a third motion for emergency relief again seeking to abate the effective date of this court's order.

Real party in interest's motion is GRANTED. This court's order of July 25, 2014, as referenced in the Opinion issued July 30, 2014, and requiring the trial court to act as directed is TEMPORARILY ABATED until further order of this court.

It is so ORDERED on August 4th, 2014.

PER CURIAM

ATTESTED TO: /s/_________

Keith E. Hottle

Clerk of Court


Summaries of

In re Liberty Mut. Fire Ins. Co.

Fourth Court of Appeals San Antonio, Texas
Aug 4, 2014
No. 04-14-00254-CV (Tex. App. Aug. 4, 2014)
Case details for

In re Liberty Mut. Fire Ins. Co.

Case Details

Full title:IN RE LIBERTY MUTUAL FIRE INSURANCE COMPANY

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Aug 4, 2014

Citations

No. 04-14-00254-CV (Tex. App. Aug. 4, 2014)