Opinion
NO. 01-11-00710-CV
02-23-2012
IN RE CYPRESS TEXAS LLOYDS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Cypress Texas Lloyds,petitioned for a writ of mandamus challenging the trial court's order denying its motion to abate thetrial proceedings in the underlying casepursuant to an appraisal clause in an insurance policy it issued to real parties in interest, William and Selma Benjamin. In its sole issue, relator argues that the trial court abused its discretion in failing to abate the case after compelling appraisal pursuant toa mandatory, contractual appraisal clause.
The underlying case is William Benjamin and Selma Benjamin v. Cypress Texas Lloyds, Crawford & Company, and Lance Coleman, No. 2010-43238 (11th Dist. Ct., Harris Cnty., Tex.), the Honorable Mike Miller, presiding.
We are constrained to follow the binding precedent of the Texas Supreme Court inIn re Universal Underwriters of Texas InsuranceCo., 345 S.W.3d 404, 405-07 (Tex. 2011)(orig. proceeding) (denying mandamus relief seeking abatement during appraisal process), as construed by this CourtinIn re Cypress Texas Lloyds, No. 01-11-00714-CV, 2011 WL 6413605, at *1-2(Tex. App.— Houston [1st Dist.] Dec. 15, 2011, orig. proceeding)(mem. op.) (denying mandamus relief with respect to request for abatement in connection with appraisal clause identical to that at issue in this case). See also In re Cypress Texas Lloyds, No. 14-11-00713-CV, 2011 WL 4366984, at *1 (Tex. App.—Houston [14th Dist.] Sept. 20, 2011, orig. proceeding) (mem. op.) (denying mandamus relief seeking abatement during appraisal process).
Accordingly, we deny the petition for writ of mandamus.
PER CURIAM
Panel consists of Justices Keyes, Bland, and Sharp.