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

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 ________________________________________________________________________ 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 1 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. 2