NUMBER 13-14-00640-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE EDWIN MARTINEZ
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam1
Relator, Edwin Martinez, 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 relator’s verified
plea in abatement and to enter an order abating the suit for damages brought against
relator by the real party in interest, Ofelia Trevino, until sixty days after she provides
relator with a notice letter for her claim stating the specific, separate amounts for the
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).
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, relator requests 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 31st
day of October, 2014.
2