Opinion issued August 31, 2010
In The
Court of Appeals
For The
First District of Texas
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NO. 01-10-00452-CV
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In re Church Mutual Insurance Company, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
By petition for writ of mandamus, relator Church Mutual Insurance Company challenges the trial court’s April 13, 2010 denial of its motion to abate and compel appraisal.[*]
We deny the petition for writ of mandamus. See Tenneco Inc. v. Enter. Prods. Co., 925 S.W.2d 640, 643–44 (Tex. 1996) (observing that waiver is question of fact); see also Tex. R. App. P. 52.7 (requiring relator to file copy of every document material to its claim for relief).
PER CURIAM
Panel consists of Justices Jennings, Alcala, and Massengale.
[*] The underlying case is New Bethlehem Missionary Baptist Church v. Church Mutual Insurance Company and Eugene M. Poldrack, No. 2009-19136, in the 55th District Court of Harris County, Texas, the Honorable Dion Ramos, presiding.