Opinion issued July 22, 2004.

In The

Court of Appeals

For the

First District of Texas

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NO. 01–04–00226–CV

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IN RE ROGER DUANE RASBACH, JR., Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINIONRelator, Roger Duane Rasbach, Jr., has filed a petition for a writ of mandamus complaining of Judge Linda Motheral’s order vacating a default judgment entered against Jane Phillips, real party in interest.

          We deny the petition for a writ of mandamus.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Hanks.