IN THE
TENTH COURT OF APPEALS
No. 10-06-00333-CV
In re Penn-America Insurance Company
Original Proceeding
MEMORANDUM DISSENTING Opinion
Because we do not know why the majority has denied the petition for writ of mandamus[1] and, further, because I find the authority of the Texas Supreme Court’s decision in In re Allstate Ins. Co., 85 S.W.3d 193 (Tex. 2002) compelling, I would request a response. Although we cannot grant a mandamus without requesting a response, Texas Rule of Appellate Procedure 52.4, the above referenced authority seems to compel a holding that the trial court erred in not requiring use of the appraisal process, the court did not err in refusing to abate the proceeding to allow the appraisal process to go forward, and that mandamus is an available remedy for the error in failing to order the appraisal. Accordingly, I respectfully dissent.
TOM GRAY
Chief Justice
Memorandum dissenting opinion delivered and filed October 18, 2006
[1] Unlike an appeal, a court of appeals does not have to hand down an opinion if it is denying the relief requested in a petition for writ of mandamus. Tex. R. App. P. 52.8(d).