in Re State Farm Lloyds, Richard Freymann, and Rolando Renteria

NUMBER 13-14-00628-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN RE STATE FARM LLOYDS, RICHARD FREYMANN, AND ROLANDO RENTERIA On Petition for Writ of Mandamus. MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Perkes Memorandum Opinion Per Curiam1 Relators, State Farm Lloyds, Richard Freymann, and Rolando Renteria, 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, Esmeralda Enriquez, until sixty days after she provides relators with a notice letter for her 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). claim 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). In addition, relators request that this Court issue immediate temporary relief staying respondent’s order denying the plea in abatement. See TEX. R. APP. P. 52.10 (“Temporary Relief”). The Court, having examined and fully considered the petition for writ of mandamus 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 4243701, at **4–9 (Tex. App.—Corpus Christi Aug. 27, 2014, orig. proceeding) (mem. op). Accordingly, the Court DENIES the petition for writ of mandamus and request for immediate temporary relief. See TEX. R. APP. P. 52.8(d). PER CURIAM Delivered and filed the 28th day of October, 2014. 2