In Re Allstate Vehicle and Property Insurance Company v. the State of Texas

Fourth Court of Appeals
San Antonio, Texas
October 8, 2025

No. 04-25-00301-CV

IN RE ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY

Original Proceeding 1

ORDER

Sitting: Irene Rios, Justice
Adrian A. Spears II, Justice
Velia J. Meza, Justice

On May 12, 2025, relator filed this petition for writ of mandamus requesting that this court
vacate respondent’s order granting the real party in interest’s verified motion to set aside default
judgment because said verified motion was purportedly superseded and replaced pursuant to Rule
65 of the Texas Rules of Civil Procedure. We invited responses from the real party in interest and
respondent. The real party in interest filed their response and the relator has replied. Having
reviewed the arguments of the parties, the record, and the law, this court has determined that relator
has not established its entitlement to the relief sought. The petition for writ of mandamus is
DENIED.

It is so ORDERED on October 8, 2025.

_____________________________
Velia J. Meza, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 8th day of October, 2025.

_____________________________
Caitlin A. McCamish, Clerk of Court

This proceeding arises out of Cause No. 2024CI23610, styled Allstate Vehicle and Property Insurance Company v.
1

Montelongo Group, LLC, d/b/a Bison Roofing and Construction Co., pending in the 150th Judicial District Court,
Bexar County, Texas, the Honorable Monique Diaz presiding.