in Re: Allstate County Mutual Insurance Company and David Gonzalez ( 2006 )

  NUMBER 13-06-458-CV

  COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG   

IN RE: ALLSTATE COUNTY MUTUAL

INSURANCE COMPANY AND DAVID GONZALEZ

On Petition for Writ of Mandamus and

Motion for Emergency Temporary Relief                                                                                                                      

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Garza

Memorandum Opinion Per Curiam

          On August 18, 2006, relators, Allstate County Mutual Insurance Company and David Gonzalez, filed a petition for writ of mandamus with this Court in which they allege that on July 19, 2006, the respondent, the Honorable Arnoldo Cantu, Jr., Presiding Judge of the County Court at Law No. 5, of Hidalgo County, Texas, abused his discretion by entering an order granting plaintiffs’ motion to compel responses to plaintiffs’ interrogatories, requests for admission and requests for production.

          Relators’ petition for writ of mandamus asks this Court to order the respondent to issue an order denying plaintiffs’ motion to compel, or in the alternative, to reconsider his ruling. In addition, relators filed an emergency motion for stay, asking this Court to order a stay of the trial court’s order granting plaintiffs’ motion to compel responses to plaintiffs’ interrogatories, requests for admission and requests for production.   

          This Court stayed the trial court’s order in the underlying action and requested a response from the real parties in interest, Jorge Manllo Karim and Teresita S. De Manllo.

          Having examined and fully considered the petition for writ of mandamus, the real parties in interest’s response, the relators’ reply to response, and the real parties in interest’s surreply, this Court is of the opinion that relators have not shown themselves entitled to the relief sought and the petition for writ of mandamus should be denied.   

          Accordingly, this Court denies the petition and lifts the stay granted on relators’ emergency motion. The petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8(a).  

  PER CURIAM

Memorandum Opinion delivered and

filed this the 28th day of September, 2006.