In Re Allstate Vehicle and Property Insurance Company v. the State of Texas

Fourth Court of Appeals
San Antonio, Texas

MEMORANDUM OPINION

No. 04-25-00301-CV

IN RE ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY

Original Proceeding 1

PER CURIAM

Sitting: Irene Rios, Justice
Adrian A. Spears II, Justice
Velia J. Meza, Justice

Delivered and Filed: October 8, 2025

PETITION FOR WRIT OF MANDAMUS DENIED

On May 12, 2025, relator filed this petition for writ of mandamus requesting that this court

vacate respondent’s order granting the real party in interest’s verified motion to set aside default

judgment because said verified motion was purportedly superseded and replaced pursuant to Rule

65 of the Texas Rules of Civil Procedure. We invited responses from the real party in interest and

respondent. The real party in interest filed their response and the relator has replied. Having

reviewed the arguments of the parties, the record, and the law, this court has determined that relator

This proceeding arises out of Cause No. 2024CI23610, styled Allstate Vehicle and Property Insurance Company v.
1

Montelongo Group, LLC, d/b/a Bison Roofing and Construction Co., pending in the 150th Judicial District Court,
Bexar County, Texas, the Honorable Monique Diaz presiding.
04-25-00301-CV

has not established its entitlement to the relief sought. The petition for writ of mandamus is

DENIED.

PER CURIAM

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