Opinion issued September 26, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00675-CV
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IN RE GEMINI INSURANCE COMPANY, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Gemini Insurance Company, filed a petition for writ of mandamus
asking this Court to compel the trial court to set aside its interlocutory summary
judgment and declare that real party in interest, Sabine Oil & Gas Corporation, is
not entitled to benefits under the insurance policy at issue.1 Alternatively, relator
1
The underlying case is Gemini Insurance Company v. Sabine Oil & Gas LLC, cause
number 2014-16568, pending in the 295th District Court of Harris County, Texas,
the Honorable Donna Roth presiding.
asks this Court to compel the trial court to issue an order granting relator permission
to appeal the summary judgment order.
Because relator has not established that it is entitled to mandamus relief, we
deny the petition. See In re McAllen Med. Ctr., Inc., 275 S.W.3d 458, 462 (Tex.
2008) (relator is entitled to mandamus relief if it shows trial court clearly abused its
discretion and that relator has no adequate remedy by appeal). Any pending motions
are dismissed as moot.
PER CURIAM
Panel consists of Justices Kelly, Hightower, and Countiss.
2