In re Liberty County Mutual Insurance Company Appeal from County Court at Law No. 3 of Cameron County (memorandum opinion)
Annotate this Case
Download PDF
NUMBER 13-23-00270-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG IN RE LIBERTY COUNTY MUTUAL INSURANCE COMPANY On Petition for Writ of Mandamus. MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Longoria Memorandum Opinion by Justice Longoria1 On June 29, 2023, relator Liberty County Mutual Insurance Company filed a petition for writ of mandamus through which it asserts that the trial court abused its discretion by denying relator’s motion to dismiss the underlying case for lack of subject matter jurisdiction. Mandamus is an extraordinary and discretionary remedy. See In re Allstate Indem. 1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R. 47.4 (distinguishing opinions and memorandum opinions). Co., 622 S.W.3d 870, 883 (Tex. 2021) (orig. proceeding); 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, 138 (Tex. 2004) (orig. proceeding). The relator must show that (1) the trial court abused its discretion, and (2) the relator lacks an adequate remedy on appeal. In re USAA Gen. Indem. Co., 624 S.W.3d 782, 787 (Tex. 2021) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d at 135–36; Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding). However, when “a trial court issues an order ‘beyond its jurisdiction,’ mandamus relief is appropriate because such an order is void ab initio.” In re Panchakarla, 602 S.W.3d 536, 539 (Tex. 2020) (orig. proceeding) (per curiam) (quoting In re Sw. Bell Tel. Co., 35 S.W.3d 602, 605 (Tex. 2000) (orig. proceeding) (per curiam)). The Court, having examined and fully considered the petition for writ of mandamus, the response filed by Edna Cox Auto Sales, Inc. d/b/a Jerry’s Auto Sales and EGH Financial Inc. a/k/a E.G.H. Financial, Inc., and the applicable law, is of the opinion that relator has not met its burden of proof to obtain mandamus relief. Accordingly, we lift the stay previously imposed in this case. See TEX. R. APP. P. 52.10. We deny the petition for writ of mandamus. NORA L. LONGORIA Justice Delivered and filed on the 13th day of July, 2023. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
