Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00519-CV
IN RE STATE FARM FIRE & CAS. CO.
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Luz Elena D. Chapa, Justice
Jason Pulliam, Justice
Delivered and Filed: March 18, 2015
DISMISSED
Relator State Farm Fire & Casualty Company filed a petition for a writ of mandamus,
complaining of a June 12, 2014, order denying its plea to the jurisdiction. Relator sought a writ of
mandamus directing the trial judge to dismiss the real party in interest’s suit against it for lack of
subject matter jurisdiction. The trial court’s order was signed by the Honorable Barbara
Nellermoe, who was then the judge of the 45th Judicial District Court of Bexar County, Texas.
On January 27, 2015, we ordered that the Honorable Stephani Walsh be substituted as the
respondent in this proceeding, and we abated the proceedings to allow Judge Walsh to reconsider
the decision. See TEX. R. APP. P. 7.2.
1
This proceeding arises out of Cause No. 2010-CI-02326, styled Ronald Mensch v. State Farm Fire & Casualty
Company and Texas Department of Insurance - Division of Workers’ Compensation, pending in the 73rd Judicial
District Court, Bexar County, Texas, the Honorable Stephani Walsh presiding. The Honorable Barbara Hanson
Nellermoe signed the order that gave rise to this proceeding.
04-14-00519-CV
On March 5, 2015, Judge Walsh signed an order granting relator’s plea and dismissing the
real party in interest’s claims for want of jurisdiction. Relator has filed a motion to dismiss this
original proceeding. We grant the motion and dismiss the petition.
PER CURIAM
-2-
in Re State Farm Fire & Cas.Co.
Combined Opinion