TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00675-CV

In re Edwin Dunk

ORIGINAL PROCEEDING FROM FAYETTE COUNTY

M E M O R A N D U M O P I N I O N

                        Edwin Dunk seeks a writ of mandamus ordering the district court to vacate or rescind orders striking Dunk’s pleadings, to reinstate Dunk’s Third Amended Application to Set Aside Order Probating Will, and to set the case for trial. He requests as emergency relief a stay of the current trial setting. We overrule the request for emergency relief and deny the petition for writ of mandamus.

                                                                        Bea Ann Smith, Justice

Before Justices Kidd, B. A. Smith, and Puryear

Filed: November 26, 2000