In Re: American Heritage Life Insurance Company--Appeal from 139th District Court of Hidalgo County

NUMBER 13-05-753-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

In Re: American Heritage Life Insurance Company

On Petition for Writ of Mandamus

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza

Per Curiam

Relator, American Heritage Life Insurance Company, filed a petition for writ of mandamus in which they request this Court to direct the Honorable Bobby Flores, Judge of the 139th Judicial District Court of Hidalgo County, Texas, to vacate his December 5, 2005 order denying relators' motion to dismiss in the underlying lawsuit, Hunt v. American Heritage Life Insurance Company, Cause No. C-1242-02-C. Relator has also filed a motion for temporary relief in which it requests that this Court stay the underlying proceedings.

This Court, having examined and fully considered the petition for writ of mandamus and motion for stay, is of the opinion that relator has not shown itself entitled to the relief sought and that the requests should be denied. See Tex. R. App. P. 52.8(a). The petition for writ of mandamus and motion for stay are DENIED.

Per Curiam

Memorandum Opinion delivered and filed

this the 13th day of January, 2006.