Unreported / Non-Citable
Background
Liberty County Mutual Insurance Company sought a writ of mandamus in the Court of Appeals, challenging an order issued by the trial court in Harris County on September 23, 2025. The trial court had denied Liberty County Mutual’s Rule 91a motion to dismiss claims filed by The Hadi Law Firm, PLLC. The underlying lawsuit, The Hadi Law Firm, PLLC v. Sevag Abrilian and First Liberty Insurance Corporation d/b/a Liberty Mutual Insurance, remains pending in the 11th District Court of Harris County before the Honorable Kristen Brauchle Hawkins.
Liberty County Mutual sought mandamus relief to overturn the trial court’s interlocutory order denying the motion to dismiss, arguing that the court lacked jurisdiction or abused its discretion in rejecting the motion.
The Court’s Holding
The First District Court of Appeals denied Liberty County Mutual’s petition for writ of mandamus. The appellate court concluded that mandamus was not the appropriate remedy to challenge the trial court’s discretionary ruling on the motion to dismiss. By denying the petition, the court allowed the trial court’s September 2025 order to stand and permitted the underlying litigation to proceed.
Key Takeaways
- Mandamus review of trial court decisions on motions to dismiss is disfavored absent extraordinary circumstances.
- Liberty County Mutual must pursue traditional appellate remedies to challenge the trial court’s order.
- The underlying case will continue through normal litigation channels with The Hadi Law Firm’s claims intact.
Why It Matters
This decision reflects the appellate court’s strict approach to mandamus petitions challenging interlocutory orders. While parties may be frustrated with unfavorable rulings on motions to dismiss, the courts require that such challenges typically proceed through final judgment and traditional appeal rather than extraordinary mandamus relief.
For insurance defendants and other litigants seeking to dismiss claims early, the decision underscores that trial courts have broad discretion in ruling on motions to dismiss, and appellate review of those rulings will generally occur only after final judgment unless circumstances are extraordinary.