Opinion issued December 23, 2003

In The

Court of Appeals

For The

First District of Texas

NO. 01-03-00813-CV

____________

IN RE JOHN W. CLARK, III, INDIVIDUALLY AND D/B/A

CELTIC CONSTRUCTORS, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relator, John W. Clark, III, individually and d/b/a Celtic Constructors, has filed a petition for writ of mandamus complaining of Judge Sullivan’s July 8, 2003 order denying relator’s “Motion for Reconsideration of Plaintiff’s Motion for Partial Summary Judgment, or in the Alternative Plea for Abatement and Severance of Defendants’ Counterclaim.”

          We deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Hanks.