Opinion issued October 8, 2004

In The

Court of Appeals

For The

First District of Texas

NO. 01-04-01053-CV

__________

IN RE BRIAN JAMES BOYER, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relator, Brian James Boyer, has filed a petition for a writ of mandamus challenging an October 5, 2004 ruling by the Hon. Jim York, denying relator’s motion to change the trial setting to a jury trial.

          We deny the petition for a writ of mandamus.

PER CURIAM

Panel consists of Justices Jennings, Keyes, and Bland.