in Re Government Employees Insurance Company, as Subrogee of Donna Stewart

Court: Court of Appeals of Texas
Date filed: 2015-12-23
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Combined Opinion
                                     In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                             _________________
                              NO. 09-15-00436-CV
                             _________________


   IN RE GOVERNMENT EMPLOYEES INSURANCE COMPANY, AS
              SUBROGEE OF DONNA STEWART

________________________________________________________________________

                            Original Proceeding
            County Court at Law No. 1 of Jefferson County, Texas
                          Trial Cause No. 126059
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                         MEMORANDUM OPINION

      Relator, Government Employees Insurance Company, as Subrogee of Donna

Stewart (GEICO or Relator), filed a petition for writ of mandamus seeking to

compel the trial court to vacate its order of September 25, 2015, which required

GEICO to produce three years of invoices and supporting documents, evidencing

GEICO’s payment of claims involving charges and fees associated with the towing

and storage of its insureds’ vehicles in a three-county area. We temporarily stayed




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the trial court’s order and we requested a response from the real party in interest,

Savant’s Collision Center, Inc. (Savant or Real Party in Interest).

      After reviewing the mandamus petition, record, and the response filed by

Savant, we conclude that Relator has failed to establish that the trial court abused

its discretion in ordering the production of the discovery in question. See In re

Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004). Accordingly, we

lift our temporary order and we deny the petition for writ of mandamus. See Tex.

R. App. P. 52.8(a).

      PETITION DENIED.



                                                           PER CURIAM


Submitted on November 20, 2015
Opinion Delivered December 23, 2015

Before McKeithen, C.J., Horton and Johnson, JJ.




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