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Etienne v. State Farm Lloyds

Court: Tx 14-Houston  09/10/2019  Appellate Court Overrules Challenge to Trial Court Appointment of Appraisal Umpire and Finds it Lacked Jurisdiction to Review Sanction of Insured's Attorney

An appellate court ruled that the trial court did not lose its power to appoint an appraisal umpire because of the insured's last-minute nonsuit, as the insurer had moved for such affirmative relief and the insured did not challenge it. The court, however, did not have jurisdiction to review a sanctions order imposed on the insured's lawyer for filing a groundless motion in which the insured contended that the insurer had refused to participate in the appraisal process because the sanctions were imposed solely on the lawyer, so the insured did not have standing to bring the appeal.

homeowners' insurance policy, appaisal, umpire, standing, subject-matter jurisdiction, sanctions, non-suit

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