NUMBER 13-14-00405-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE STATE FARM LLOYDS, RICHARD FREYMANN, AND
SYLVIA GARZA
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Perkes and Longoria
Memorandum Opinion1 Per Curiam
Relators, State Farm Lloyds, Richard Freymann, and Sylvia Garza, have filed a
petition for writ of mandamus requesting that this Court direct respondent, the Honorable
Rose Guerra Reyna, Presiding Judge of the 206th District Court of Hidalgo County,
Texas, to withdraw her order denying relators’ verified plea in abatement and to enter an
order abating the suit for damages brought against relators by the real party in interest,
Ernesto Davila, until sixty days after he provides relators with a notice letter for his claim
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
stating the specific, separate amounts for the claimed damages and attorney’s fees. See
TEX. INS. CODE ANN. § 541.154 (West, Westlaw through 2013 3d C.S.) (“Prior Notice of
Action”); id. § 541.155 (West, Westlaw through 2013 3d C.S.) (“Abatement”); TEX. R. APP.
P. 52.1 (“Commencement” of Original Proceedings). By order previously issued in this
cause, this Court granted temporary relief and requested that the real party in interest file
a response to the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a),(b). Such
response has been duly filed.
The Court, having examined and fully considered the petition for writ of mandamus,
the response, and the applicable law, is of the opinion that the petition for writ of
mandamus should be denied for the reasons expressed in our opinion in In re State Farm
Lloyds, Richard Freymann, and Nathan Burris, No. 13-14-00347-CV, 2014 WL _____
(Tex. App.—Corpus Christi Aug. 27, 2014, orig. proceeding) (mem. op.), available at
http://www.search.txcourts.gov/case.aspx?cn=13-14-00348-CV. Accordingly, the Court
LIFTS the stay previously imposed by this Court and DENIES the petition for writ of
mandamus. See TEX. R. APP. P. 52.8(d).
PER CURIAM
Delivered and filed the
2nd day of September, 2014.
2
in Re State Farm Lloyds, Richard Freymann and Sylvia Garza
Combined Opinion