In Re: Homesite Insurance Company and James Valle v. the State of Texas

Denied and Opinion Filed November 5, 2024

In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-01228-CV

IN RE HOMESITE INSURANCE COMPANY
AND JAMES VALLE, Relators

Original Proceeding from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-23-17599

MEMORANDUM OPINION
Before Justices Partida-Kipness, Nowell, and Miskel
Opinion by Justice Nowell
Before the Court is relators’ October 18, 2024 petition for writ of mandamus.

Relators ask this Court to compel a district judge to withdraw an August 19, 2024

Amended Order on Plaintiff’s Motion to Compel Written Discovery and

Depositions, which was signed by an associate judge, and to enter a new order

denying real party in interest’s motion to compel to the extent it seeks discovery on

extra-contractual matters. Relators also request an emergency temporary stay of all

trial court proceedings.

Entitlement to mandamus relief requires relators to show that the trial court

clearly abused its discretion and that relators lack an adequate appellate remedy. In
re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). After reviewing relators’ petition and the record before us, we conclude

that relators have failed to demonstrate entitlement to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

We also deny relators’ request for emergency relief as moot.

/Erin A. Nowell//
241228f.p05 ERIN A. NOWELL
JUSTICE

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