in Re Texas Mutual Insurance Company















MEMORANDUM OPINION







No. 04-09-00276-CV

IN RE TEXAS MUTUAL INSURANCE COMPANY

Original Mandamus Proceeding (1)

PER CURIAM

Sitting: Karen Angelini, Justice

Phylis J. Speedlin, Justice

Steven C. Hilbig, Justice

Delivered and Filed: July 15, 2009



PETITION FOR WRIT OF MANDAMUS DENIED

On May 14, 2009, relator Texas Mutual Insurance Company filed a petition for writ of mandamus, complaining of the trial court's January 12, 2009 order denying relator's plea to the jurisdiction. To be entitled to mandamus relief, a relator must show the trial court clearly abused its discretion and the relator has no adequate remedy at law. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992). The court has considered relator's petition and real party in interest's response, and is of the opinion that relator is not entitled to the relief sought because it has an adequate remedy by appeal. See In re Entergy Corp., 142 S.W.3d 316, 320 (Tex. 2004) (orig. proceeding) (holding that subject to certain exceptions, generally mandamus does not lie to correct an incidental trial court ruling, such as a plea to the jurisdiction, when there is a remedy by appeal); Bell Helicopter Textron, Inc. v. Walker, 787 S.W.2d 954, 955 (Tex. 1990) (holding that generally a trial court's ruling on a plea to the jurisdiction is not subject to review by mandamus because an adequate remedy by appeal often exists). We are constrained to follow these precedents. Accordingly, relator's petition for writ of mandamus is denied. Tex. R. App. P. 52.8(a).

PER CURIAM

1. This proceeding arises out of Cause No. 2007-CI-01191, styled Martin Luna v. Tex. Mutual Ins. Co., pending in the 150th Judicial District Court, Bexar County, Texas, the Honorable Janet Littlejohn presiding. However, the order complained of was signed by the Honorable Peter Sakai, the presiding judge of the 225th Judicial District Court, Bexar County, Texas.