Opinion issued July 22, 2004

In The

Court of Appeals

For the

First District of Texas

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NO. 01-04-00671-CV

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IN RE ROMAN MERKER ALPERT AND RENEE PICAZO, NEXT FRIEND OF DANIEL ALPERT, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINIONRelators, Roman Merker Alpert and Renee Picazo, next Friend of Daniel Alpert, have filed a petition for writ of mandamus complaining of an order signed by Judge Mike Wood on June 21, 2004 authorizing the payment of attorney’s fees and expenses out of trust assets that are subject to receivership. On June 22, 2004, we granted relator’s motion for temporary relief and stayed the transfer of assets.

          We deny relators’ petition for a writ of mandamus and lift our stay order issued on June 22, 2004.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Alcala and Higley.