NUMBER 13-14-00532-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE STATE FARM LLOYDS AND RICHARD FREYMANN
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam1
Relators, State Farm Lloyds and Richard Freymann, have 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 relators’ verified plea in abatement and to enter an order abating the
suit for damages brought against relators by the real parties in interest, Roberto Guerrero
and Cynthia L. Sauceda, until sixty days after they provide relators with a notice letter for
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).
their claim stating the specific, separate amounts for the 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, relators
request 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
19th day of September, 2014.
2