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First United Methodist Church v. Church Mutual Insurance Company, Blake Mears, Zachary Pierce and Leading Edge Claims Service

Citation: Not availableDocket: 13-18-00048-CV

Court: Court of Appeals of Texas; October 28, 2019; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

First United Methodist Church appeals a trial court's ruling that its claims against Church Mutual Insurance Company were not valid due to the payment of an appraisal award. The appeal was initiated on December 29, 2017, and following the Texas Supreme Court's decisions in Barbara Technologies Corp. v. State Farm Lloyds and Ortiz v. State Farm Lloyds on June 28, 2019, the appellant notified the court of the potentially relevant legal precedents. In light of these developments, the court has ordered supplemental briefing from both parties to address the implications of these Texas Supreme Court rulings on the current case. The appellant is required to submit its supplemental brief within twenty-one days, followed by the appellee's brief within fourteen days after that. The appeal is therefore abated and removed from the court's active docket pending the submission of the requested briefs. The order was delivered and filed on October 28, 2019.

Legal Issues Addressed

Abatement of Appeal Pending Briefing

Application: The appeal was abated and removed from the active docket pending submission of the supplemental briefs.

Reasoning: The appeal is therefore abated and removed from the court's active docket pending the submission of the requested briefs.

Effect of Appraisal Award Payment on Insurance Claims

Application: The court considered whether the payment of an appraisal award invalidates claims against an insurance company.

Reasoning: First United Methodist Church appeals a trial court's ruling that its claims against Church Mutual Insurance Company were not valid due to the payment of an appraisal award.

Impact of Precedents on Ongoing Cases

Application: The case was influenced by new precedents set by the Texas Supreme Court, prompting the court to seek additional briefs.

Reasoning: Following the Texas Supreme Court's decisions in Barbara Technologies Corp. v. State Farm Lloyds and Ortiz v. State Farm Lloyds on June 28, 2019, the appellant notified the court of the potentially relevant legal precedents.

Procedure for Supplemental Briefing

Application: The court ordered supplemental briefs from both parties to address the new precedents, thus abating the appeal.

Reasoning: In light of these developments, the court has ordered supplemental briefing from both parties to address the implications of these Texas Supreme Court rulings on the current case.