IN RE: ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY AND LISA GRAVES (2016)

Court of Appeals of Texas, Houston (1st Dist.).

IN RE: ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY AND LISA GRAVES, Relators

NO. 01-16-00531-CV

Decided: October 06, 2016

Panel consists of Justices Bland, Massengale, and Lloyd.

MEMORANDUM OPINION

On July 1, 2016, relators Allstate Fire and Casualty Insurance Company and Lisa Graves filed a petition for writ of mandamus, requesting that we compel the trial court to amend its October 23, 2014 order to abate discovery on extra-contractual and bad faith claims until there has been a full and final resolution of the breach of contract claims in the underlying lawsuit.^*

Counsel for the real parties in interest has notified that court that the case was tried to a jury, and the trial court entered a final judgment. Relators agree that their petition is moot.

Accordingly, the petition for writ of mandamus is dismissed as moot.

FOOTNOTES

FOOTNOTE. The underlying case is Charlene T. Howard and William D. Howard v. Allstate Fire & Casualty Insurance Company and Lisa Graves, cause number 14-DCV-215228, pending in the 434th District Court of Fort Bend County, Texas, the Honorable James H. Shoemake presiding.

PER CURIAM

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