What did the court decide?

The court dismissed the Department's original proceeding because the parties resolved their discovery dispute and the Department withdrew its petition.

Who is affected by this dismissal?

The dismissal affects the Texas Department of Insurance (the relator) and Traci Johnson (the real party in interest) in the underlying Lubbock County case; it does not create a precedent on the subpoena issue.

Does this decision rule on whether the subpoena should be quashed?

No. The court did not decide the merits of the motion to quash because the parties settled and the petition was withdrawn.

Can this dismissal be appealed?

Because the relator voluntarily withdrew the petition and the court dismissed the proceeding, there is generally no adverse ruling to appeal; parties seeking relief may need to reopen matters in the trial court if necessary.

In Re Texas Department of Insurance, Relator v. the State of Texas

Docket 07-26-00160-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

AdministrativeDismissed

Filed: Apr 9, 2026 · 3 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 7th District (Amarillo)
Type: Lead Opinion
Case type: Administrative
Disposition: Dismissed
Docket: 07-26-00160-CV

Original proceeding by Texas Department of Insurance seeking relief from denial of its motion to quash a subpoena duces tecum in underlying civil litigation.

Summary

The Texas Department of Insurance filed an original proceeding in the Seventh Court of Appeals to challenge the denial of its motion to quash a subpoena in an underlying Lubbock County case. While the petition was pending, the Department and the plaintiff (Real Party in Interest, Traci Johnson) resolved their discovery dispute by a Rule 11 agreement, and the Department filed a notice that it intended to withdraw its petition. Because the parties settled and the relator withdrew its challenge, the court dismissed the Department's original proceeding without deciding the subpoena issue on the merits.

Issues Decided

Whether the court should adjudicate the Department's petition to quash a subpoena after the parties resolved their discovery dispute by agreement
Whether dismissal is appropriate when the relator withdraws an original proceeding challenging a discovery ruling

Court's Reasoning

The court noted that after the petition was filed the parties reached a Rule 11 agreement resolving the discovery dispute and the relator gave notice of its intent to withdraw the petition. Because the underlying controversy that gave rise to the proceeding was settled and the relator elected to withdraw, there was no live controversy for the court to decide. The court therefore dismissed the petition rather than reach the merits.

Parties

Relator: Texas Department of Insurance
Real Party in Interest: Traci Johnson
Judge: Phillip Hays
Judge: Laura A. W. Pratt

Key Dates

Decision date: 2026-04-09

What You Should Do Next

1
Confirm and implement Rule 11 agreement
Ensure the terms of the settlement and any discovery obligations under the Rule 11 agreement are followed and documented in the trial-court record if necessary.
2
Notify trial court
If the underlying case requires adjustments (scheduling, filed stipulations, or dismissal), notify the trial court and file any needed motions or notices to reflect the parties' agreement.
3
Consult counsel about remaining issues
If either party believes additional relief is needed concerning the subpoena or other discovery matters, consult counsel about reopening the issue in the trial court or seeking other appropriate relief.

Frequently Asked Questions

What did the court decide?: The court dismissed the Department's original proceeding because the parties resolved their discovery dispute and the Department withdrew its petition.
Who is affected by this dismissal?: The dismissal affects the Texas Department of Insurance (the relator) and Traci Johnson (the real party in interest) in the underlying Lubbock County case; it does not create a precedent on the subpoena issue.
Does this decision rule on whether the subpoena should be quashed?: No. The court did not decide the merits of the motion to quash because the parties settled and the petition was withdrawn.
Can this dismissal be appealed?: Because the relator voluntarily withdrew the petition and the court dismissed the proceeding, there is generally no adverse ruling to appeal; parties seeking relief may need to reopen matters in the trial court if necessary.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

In The
                               Court of Appeals
                      Seventh District of Texas at Amarillo

                                     No. 07-26-00160-CV


               IN RE TEXAS DEPARTMENT OF INSURANCE, RELATOR

                                     Original Proceeding
                    Arising From Proceedings Before the 99th District Court
                                   Lubbock County, Texas
             Trial Court No. DC-2025-CV-0758, Honorable Phillip Hays, Presiding

                                        April 9, 2026

                             MEMORANDUM OPINION
                      Before DOSS and YARBROUGH and PRATT, JJ.


       This original proceeding was filed by the Texas Department of Insurance, Relator,

to address the denial of its motion to quash a subpoena duces tecum served by Traci

Johnson, the Real Party in Interest and the plaintiff in the underlying lawsuit. After the

filing of its petition, the Relator entered into a Rule 11 agreement with Real Party in

Interest to settle their discovery dispute. Relator has also filed a notice of its intention to

withdraw its petition. Accordingly, we dismiss the Relator’s petition.



                                                          Laura A. W. Pratt
                                                              Justice