Opinion

in Re Liberty Lloyds of Texas Insurance Company, Liberty Mutual Insurance Company, and Robert Little

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Aug 11, 2011
Status
Published
Cited by
0 cases
Authority
More cited than 42.2%

The opinion

Opinion issued June 30, 2011.

In The

Court of

Appeals

For The

First District

of Texas

————————————

NO. 01-11-00369-CV

———————————

in re Liberty Lloyds of Texas Insurance Company, Liberty mutual

insurance company, and robert little , Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators,

Liberty Lloyds of Texas Insurance Company, Liberty Mutual Insurance Company,

and Robert Little (collectively “Liberty”), filed a petition for writ of

mandamus, challenging the trial court’s order denying their motion to compel

appraisal and abate the underlying insurance case. [1]

Liberty’s petition questions the

circumstances under which a party waives its contractual right to appraisal. During the pendency of the petition, the Texas

Supreme Court issued an opinion providing important guidance on that very issue. See In

re Universal Underwriters of Tex. Ins. Co. , No. 10-0238, 2011 WL 1713278 , at *2 - 7 (Tex. May

6, 2011). Real parties in interest, Omar

Benetiz and Reina Benitez, thereafter withdrew their objection to appraisal and

asked the trial court to modify its order denying Liberty’s motion to compel

appraisal and abate. Although the

Benitzes agreed to appraisal, they continued to contest abatement. Pursuant to the Benetizes’ request, the trial

court (1) vacated its earlier order denying Liberty’s motion to compel

appraisal and abate, (2) granted Liberty’s motion to compel appraisal, and (3)

denied Liberty’s request to abate.

Liberty has not filed an additional or supplemental petition challenging

the trial court’s new order. Nor has

Liberty responded to the Benitzes’ suggestion that the issues raised in the

petition are now moot.

Given that the trial court has

vacated the order that is the subject of Liberty’s petition, we conclude that Liberty’s

petition no longer presents anything for our review. See,

e.g., In re Cnty. of El Paso , 104 S.W.3d 741, 743 (Tex. App.—El Paso 2003,

orig. proceeding). Accordingly, Liberty’s

petition is dismissed as moot, and all outstanding motions are also dismissed

as moot.

PER CURIAM

Panel

consists of Chief Justice Radack and Justices Sharp and Brown.

[1]

The underlying case is Omar Benitez and Reina Bermudez-Benitez v.

Liberty Lloyds of Texas Insurance Company, Liberty Mutual Insurance Company,

and Robert Little , No. 2010-13166, in the 11th District Court of Harris

County, Texas, the Honorable Mike Miller presiding.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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