in Re Westchester Surplus Lines Insurance Company, Relators
Docket: 07-22-00329-CV
Court: Court of Appeals of Texas; November 7, 2022; Texas; State Appellate Court
Original Court Document: View Document
Relators, including multiple insurance companies, filed a petition for a writ of mandamus in the Texas Court of Appeals, seeking to compel Respondent, Judge William Sowder, to vacate his November 1, 2022 order that denied their plea in abatement. The Relators assert they are property insurers for Lubbock Independent School District and claim that Everest Indemnity Insurance Company is improperly named in the suit as “Everest Insurance Company.” Alongside the petition, they requested a stay of trial court proceedings pending the appellate court's review. The court acknowledged its authority under Texas Rule of Appellate Procedure 52.10(b) to grant "just relief" to maintain the status quo while reviewing the case, which includes the ability to stay lower court orders. The motion to stay proceedings in trial court case number DC-2022-CV-0909 was filed on November 4, 2022, and was granted by the court, effectively halting all trial court activities until the appellate court issues further orders. The court stated it would not comment on the adequacy of the limitations or party names raised by any party involved.