COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-140- CV

IN RE FIRST TEXAS HOMES, INC. RELATOR

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ORIGINAL PROCEEDING

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MEMORANDUM OPINION ^{(footnote: 1)}

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The court has considered relator's petition for writ of mandamus and is of the opinion that relief should be denied.  Accordingly, relator's petition for writ of mandamus is denied.

Relator shall pay all costs of this original proceeding , for which let execution issue.

PER CURIAM

PANEL A : LIVINGSTON, J.; CAYCE, C.J.; and MCCOY, J.

CAYCE, C.J., is of the tentative opinion that relator is entitled to the relief sought.

DELIVERED August 11, 2004

FOOTNOTES

1:

See Tex. R. App. P. 47.4 .