OPINION

Respondent, Judge Gene Knize, did not have the benefit of the Supreme Court’s ruling in Walker v. Gutierrez, 111 S.W.3d 56 (Tex. 2003), when he ruled. We deny the petition for mandamus, without prejudice, to allow him to reconsider his ruling. See In re de la Garza, 92 S.W.3d 416 (Tex. 2001) (orig. proceeding) (per curiam); In re Van Waters & Rogers Inc., 988 S.W.2d 740 (Tex. 1998) (orig.proceeding) (per curiam).