in Re Regional Pool Alliance, Matagorda County Self Insurance Pool, and West Texas Rural Counties Association
13-21-00189-CV
| Tex. App. | May 5, 2022Background
- Relators: Regional Pool Alliance, Matagorda County Self Insurance Pool, and West Texas Rural Counties Association sought a writ of mandamus from the Thirteenth Court of Appeals.
- They challenged a trial-court denial of their motion to dismiss in cause A-20-0159-CV (36th Dist. Ct., Aransas County), arguing they are non‑jural entities that lack capacity to be sued.
- The real party in interest is NorthStar Recovery Services, Inc.; the court considered the mandamus petition, NorthStar’s response, and relators’ reply.
- The appeals court applied the established mandamus standard: relator must show trial-court abuse of discretion and lack of adequate appellate remedy, and bears the burden of proof.
- The court denied the petition for writ of mandamus, concluding relators did not meet their burden; in a separate, parallel interlocutory appeal the court held relators are governmental entities entitled to immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying relators’ motion to dismiss because relators are non‑jural entities without capacity to be sued | Relators: they are non‑jural entities and thus cannot be sued; trial court must dismiss | NorthStar: relators failed to show mandamus relief is warranted; the trial court did not abuse its discretion and relators have appellate remedies | Denied mandamus. Relators did not prove abuse of discretion or lack of adequate appellate remedy. (Separately, court found relators are governmental entities entitled to immunity in a parallel appeal.) |
Key Cases Cited
- In re Allstate Indem. Co., 622 S.W.3d 870 (Tex. 2021) (mandamus is an extraordinary, discretionary remedy)
- In re Garza, 544 S.W.3d 836 (Tex. 2018) (mandamus standards reaffirmed)
- In re Prudential Ins. Co. of Am., 148 S.W.3d 124 (Tex. 2004) (elements required for mandamus relief)
- In re USAA Gen. Indem. Co., 624 S.W.3d 782 (Tex. 2021) (relator must show abuse of discretion and lack of adequate remedy)
- Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (mandamus burden and standards)
- In re H.E.B. Grocery Co., 492 S.W.3d 300 (Tex. 2016) (relator bears the burden to prove mandamus elements)