Court of Appeals of Texas, Tyler.
IN RE: OLD REPUBLIC RISK MANAGEMENT, Old Republic Insurance Company, Thornton, Biechlin, Reynolds & Guerra, L.C., Timothy K. Singley and Dana M. Gannon, Relators
NO. 12-19-00144-CV
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Opinion delivered June 28, 2019
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Rehearing Denied July 3, 2019
Attorneys & Firms
J. Michael Love, for Real Party in Interest.
Timothy K. Singley, for Relator.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
MEMORANDUM OPINION
PER CURIAM
*1 Relators, Old Republic Risk Management, Old Republic Insurance Company, Thornton, Biechlin, Reynolds, and Guerra, L.C., Timothy K. Singley, and Dana M. Gannon, filed this original proceeding to challenge Respondent’s denial of their plea to the jurisdiction and motion to dismiss.1 Debra Morris, Individually and as representative of the Estate of Kenneth W. Morris, Ashley Bialowas f/k/a Ashley Morris, Amanda Morris Wright, Jimmy Williams, Rebecca Williams, Orlando Ordaz, and Roy McCollough are the Real Parties in Interest (RPIs).
On June 12, 2019, this Court conditionally granted Relators’ petition and directed Respondent to vacate his March 18, 2019, order denying Relators’ plea to the jurisdiction and issue an order (1) granting the plea to the jurisdiction with respect to the RPIs’ claims for fraudulent lien, insurance code violations, fraud, independent fraudulent acts by lawyer/law firm, and conspiracy to assert fraudulent lien; and (2) abating the trial court proceeding pending the Division of Workers’ Compensation’s resolution of whether Old Republic is entitled to seek administrative costs as part of its subrogation claim and whether the amount of benefits paid has been wrongfully inflated. By an order signed on June 14, Respondent complied with this Court’s opinion and order, rendering this proceeding moot. Accordingly, we dismiss Relators’ petition for writ of mandamus as moot.
Footnotes |
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Respondent is the Honorable Paul E. White, Judge of the 159th District Court in Angelina County, Texas. |
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