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IN RE TEXAS MUT. INS. CO.

No. 04-09-00082-CV.

329 S.W.3d 1 (2009)

In re TEXAS MUTUAL INSURANCE COMPANY and Evie Villarreal.

Court of Appeals of Texas, San Antonio.

April 29, 2009.

Attorney(s) appearing for the Case

P.M. Schenkkan , Mary A. Keeney , Matthew B. Baumgartner , James A. Hemphill , Graves, Dougherty, Hearon & Moody, P.C., Mary Barrow Nichols , Shannon S. Pounds , Texas Mutual Insurance Company, Austin, TX, Dan Pozza , Law Offices of Dan Pozza, San Antonio, TX, for Appellant.

William R. Edwards, III , Angelina Beltran , Jo Emma Arechiga , John B. Gsanger , The Edwards Law Firm, L.L.P., Darrell L. Barger, Hartline, Dacus, Barger, Dreyer & Kern, L.L.P., Thomas J. Henry , Law Offices of Thomas J. Henry, Corpus Christi, TX, for Appellee.

Sitting: SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice.

OPINION

Opinion by: SANDEE BRYAN MARION, Justice.

Relators Texas Mutual Insurance Co. and Evie Villarreal, defendants in the underlying proceeding, seek a writ of mandamus to compel the trial court to (1) vacate its February 3, 2009 order denying Defendants' Plea to the Jurisdiction, and (2) dismiss plaintiff's claims for lack of jurisdiction. We conditionally grant mandamus relief in part and deny in part.

BACKGROUND

The underlying dispute...

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