in First Specialty Insurance Corporation ( 2020 )

NUMBER 13-20-00122-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE FIRST SPECIALTY INSURANCE CORPORATION
On Petition for Writ of Mandamus.
ORDER
Before Justices Benavides, Hinojosa, and Tijerina
Per Curiam Order
Relator First Specialty Insurance Corporation filed a petition for writ of mandamus
and a “Rule 52.10(a) Motion for Temporary Relief to Stay Trial Court Proceedings” in the
above cause on February 28, 2020. Through this original proceeding, relator contends
that the trial court erred in refusing to dismiss the underlying lawsuit based on a forum
selection clause contained in its insurance contract. Through its motion for temporary
relief, relator seeks to stay the trial court proceedings pending resolution of this original
proceeding.
The Court, having examined and fully considered the “Rule 52.10(a) Motion for
Temporary Relief to Stay Trial Court Proceedings,” is of the opinion that the motion should
be granted. The motion for temporary relief is GRANTED and the trial court proceedings
are ordered STAYED pending further order of this Court, or until the case is finally
decided. See TEX. R. APP. P. 52.10(b) (“Unless vacated or modified, an order granting
temporary relief is effective until the case is finally decided.”).
The Court requests that the real party in interest, Gregory-Portland Independent
School District, or any others whose interest would be directly affected by the relief
sought, file a response to the petition for writ of mandamus on or before the expiration of
ten days from the date of this order. See id. R. 52.2, 52.4, 52.8.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
2nd day of March, 2020.
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