In re Safeco Insurance Company of Indiana--Appeal from 11th District Court of Harris County

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Opinion issued August 11, 2011. In The Court of Appeals For The First District of Texas NO. 01-10-00745-CV IN RE SAFECO INSURANCE COMPANY OF INDIANA, Relator Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION By petition for writ of mandamus, relator, Safeco Insurance Company of Indiana, sought relief from the trial court s order denying a motion to compel appraisal in the underlying insurance-coverage lawsuit.1 We abated the mandamus proceeding at Safeco s request. Safeco has since moved to dismiss the petition for 1 The underlying case is Hosein Raja v. Safeco Insurance Company of Indiana, Windell Rogers, and Stephen Vietti, No. 2009-43881, in the 11th District Court of Harris County, Texas, the Honorable Mike Miller presiding. writ of mandamus, stating that it no longer desires to pursue mandamus relief. No opinion has issued. Accordingly, we lift the abatement and reinstate the mandamus proceeding. We grant Safeco s motion and dismiss the petition for writ of mandamus. PER CURIAM Panel consists of Justices Jennings, Higley, and Brown. 2

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