COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
'
' No. 08-18-00161-CV
IN RE: UNITED SERVICES
AUTOMOBILE ASSOCIATION, ' AN ORIGINAL PROCEEDING
Relator. ' IN MANDAMUS
'
MEMORANDUM OPINION
Relator, United Services Automobile Association (USAA), filed a mandamus petition
against the Honorable Sue M. Kurita, Judge of the County Court at Law No. 6 of El Paso County,
Texas. USAA is challenging Respondent’s order denying a motion to sever extra-contractual
claims from the real party in interest’s contractual underinsured motorist claim. USAA also filed
a motion to stay all proceedings in the case, including the jury trial set for Monday, September 17,
2018. The real party in interest, Bonnie Earl Smith, filed a response to the motion to stay. The
Court previously denied the motion to stay the underlying proceedings. The petition for writ of
mandamus is denied.
Generally, mandamus relief is appropriate only to correct a clear abuse of discretion or to
compel the performance of a ministerial duty, and where the relator has no adequate remedy by
appeal. In re Reece, 341 S.W.3d 360, 364 (Tex. 2011)(orig. proceeding); In re Prudential
Insurance Company of America, 148 S.W.3d 124, 135-36 (Tex. 2004)(orig. proceeding). The
burden is on relator to show it is entitled to mandamus relief. See In re Ford Motor Company, 165
S.W.3d 315, 317 (Tex. 2005)(orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 837 (Tex.
1992)(orig. proceeding). After reviewing the mandamus petition and record, and Smith’s response
to the motion to stay, we conclude that Relator has failed to show it is entitled to mandamus relief.
Accordingly, we deny the petition for writ of mandamus.
September 26, 2018
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.
-2-
in Re: United Services Automobile Association
Combined Opinion