                                       In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                              _________________
                               NO. 09-16-00402-CV
                              _________________


            IN RE GERALD HOOKS JR. AND LESLY K. NOLEN

________________________________________________________________________

                              Original Proceeding
                172nd District Court of Jefferson County, Texas
                          Trial Cause No. E-167,872
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                           MEMORANDUM OPINION

      In this mandamus proceeding, Gerald Hooks Jr. and Lesly K. Nolen contend

that the trial court abused its discretion by striking their intervention in a class

action, Trial Cause Number E-167,872, Sandra Geter, on Behalf of Herself and All

Others Similarly Situated v. Farmers Group. Inc., et al. Hooks and Nolen are

members of the class, and they have not challenged the adequacy of the

representation of the class. The class representative obtained a summary judgment

on policy renewal and renewal premium rates, and the case is set for a trial limited

to the issue of attorney’s fees for class counsel. See generally Tex. R. Civ. P. 42(h).

                                          1
      Mandamus will issue only to correct a clear abuse of discretion or violation

of a duty imposed by law when that abuse cannot be remedied by appeal. In re

Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004); Walker v.

Packer, 827 S.W.2d 833, 839 (Tex. 1992). After reviewing the petition, the

response filed by Farmers 1, the response filed by Sandra Geter, and the appendices

to the petition and the responses, we conclude that the relators have not

demonstrated an abuse of discretion by the trial court for which no adequate

remedy by appeal exists. Accordingly, we deny the petition for writ of mandamus.

      PETITION DENIED.



                                                         PER CURIAM


Submitted on November 14, 2016
Opinion Delivered November 15, 2016

Before Kreger, Johnson, and Clapp, JJ. 2




      1
        In this Opinion, “Farmers” collectively refers to Farmers Group, Inc.,
Farmers Underwriters Association, Fire Underwriters Association, Farmers
Insurance Exchange, and Fire Insurance Exchange.
      2
        The Honorable Judge Randy M. Clapp, Judge of the 329th District Court of
Wharton County, Texas, sitting by assignment. See Tex. Gov’t Code Ann. §
74.003(h) (West 2013).
                                           2
