Petition for Writ of Mandamus Denied and Memorandum Opinion filed
February 20, 2020.
In The
Fourteenth Court of Appeals
NO. 14-19-00694-CV
IN RE LIBERTY COUNTY MUTUAL INSURANCE COMPANY, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
334th District Court
Harris County, Texas
Trial Court Cause No. 2018-86095
MEMORANDUM OPINION
On September 10, 2019, relator Liberty County Mutual Insurance Company
(“Liberty”) filed a petition for writ of mandamus in this court. See Tex. Gov’t Code
Ann. § 22.221 (Supp.); see also Tex. R. App. P. 52. Real party-in-interest and
plaintiff is Shane Baldwin. In the petition, relator asks this court to compel the
Honorable Steven Kirkland, presiding judge of the 334th District Court of Harris
County, to vacate his June 11, 2019 order striking the counter-affidavit of Matthew
Koepplinger, D.O. contesting the reasonableness and necessity of Baldwin’s medical
expenses.
With certain exceptions not applicable here, to obtain mandamus relief, a
relator must show both that the trial court clearly abused its discretion and that the
relator has no adequate remedy at law, such as an appeal. In re Garza, 544 S.W.3d
836, 840 (Tex. 2018) (orig. proceeding) (per curiam); In re Prudential Ins. Co. of
Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).
Because Liberty has not shown it has no adequate remedy at law, such as an
appeal, we deny Liberty’s petition for writ of mandamus.
PER CURIAM
Panel consists of Justices Jewell, Bourliot, and Zimmerer.
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