PER CURIAM

Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: July 28, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

On July 22, 2004, relator filed a petition for writ of mandamus and a motion for emergency relief. The court has considered relator's petition and motion, and is of the opinion that relator is not entitled to the relief sought. Accordingly, relator's petition for writ of mandamus and motion are denied. See Tex. R. App. P. 52.8(a). Relator shall pay all costs incurred in this proceeding.

We deny relator's emergency motion to stay proceedings in the underlying trial court.

PER CURIAM

1. This proceeding arises out of Cause No. CC-02-132, styled Jim Hogg Independent School District v. D. Wilson Construction Co., et al., pending in the 229th Judicial District Court, Jim Hogg County, Texas, the Honorable Alex W. Gabert presiding.