In re Liberty County Mutual Insurance Company Appeal from 334th District Court of Harris County (memorandum opinion per curiam)

Annotate this Case

Download PDF

Petition for Writ of Mandamus Denied and Memorandum Opinion filed September 10, 2019. In The Fourteenth Court of Appeals NO. 14-19-00648-CV IN RE LIBERTY COUNTY MUTUAL INSURANCE COMPANY, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS 334th District Court Harris County, Texas Trial Court Cause No. 2018-86095 MEMORANDUM OPINION On August 26, 2019, relator Liberty County Mutual Insurance Company filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (Supp.); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Steven Kirkland, presiding judge of the 334th District Court of Harris County, to vacate his June 11, 2019 order striking the counter-affidavit of Matthew Koepplinger, D.O. Texas Rule of Appellate Procedure 52.7(a)(2) requires the relator to file with the petition “a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained.” See Tex. R. App. P. 52.7. Because relator has not provided our court with a transcript of the hearing on the motion to strike the counter-affidavit or a statement that that no testimony was adduced at the hearing in connection with the matter complained, as required by Rule 52.7(a)(2), we deny relator’s petition for writ of mandamus, without prejudice to filing a new petition that complies with Rule52.7(a)(2). PER CURIAM Panel consists of Justices Jewell, Bourliot, and Zimmerer. 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.