IN THE SUPREME COURT OF
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No. 05-0645
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Allstate Insurance Company, Allstate Indemnity Company,
and Allstate Property & Casualty Insurance Company,
Petitioners,
v.
Cevia Fleming, Individually and on
Behalf of
All Other Persons Similarly Situated,
Respondent
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On Petition for Review from the
Court of Appeals for the Third District of
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Argued October 17, 2006
PER CURIAM
In Mid-Century Insurance Co. v. Ademaj, ___ S.W.3d ___ (Tex. 2007), we determined that
Mid-Century Insurance Co. and others had properly charged insureds
a Texas Automobile Theft Prevention Authority fee. Cevia
Fleming and others raised the same issue in a suit against Allstate Insurance
Company and several of its affiliates (Allstate, collectively). The trial court issued a partial summary judgment for Fleming,
Allstate properly filed an interlocutory appeal under section 51.014(d)
of the Texas Civil Practice and Remedies Code, and the court of appeals
affirmed. ___ S.W.3d ___ (
In
this context, the Legislature allows petitions for review from interlocutory
appeals only when the court of appeals issued a dissenting opinion or when the
court of appeals’ decision conflicted with a prior decision of this Court or of
another court of appeals. Tex. Gov’t Code § 22.225(c); State v. Shumake, 199 S.W.3d 279, 282 (
OPINION DELIVERED: December 14, 2007