In re American Risk Insurance Company Appeal from County Court at Law No. 1 of Hidalgo County (memorandum opinion)
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NUMBER 13-23-00368-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG IN RE AMERICAN RISK INSURANCE COMPANY On Petition for Writ of Mandamus. MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Longoria Memorandum Opinion by Justice Longoria1 By petition for writ of mandamus, relator American Risk Insurance Company contends that the respondent, the judge of the County Court at Law No. 1 of Hidalgo County, Texas, abused its discretion by appointing an umpire in an appraisal matter because the insurance policy at issue provides that the choice of an umpire is to be made “by a judge of a district court of a judicial district where the loss occurred.” 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). 1 Mandamus is an extraordinary and discretionary remedy. See In re Allstate Indem. 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). The Court, having examined and fully considered the petition for writ of mandamus, the response filed by real party in interest Jonathan Uribe, and the applicable law, is of the opinion that relator has not met its burden of proof to obtain mandamus relief. Accordingly, we deny the petition for writ of mandamus. NORA L. LONGORIA Justice Delivered and filed on the 30th day of August, 2023. 2
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