NUMBER 13-04-00621-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE: KIRK WAYNE MCBRIDE, SR.

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On Petition for Writ of Mandamus ___________________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza

Per Curiam Memorandum Opinion

         Relator, Kirk Wayne McBride, Sr., filed a petition for writ of mandamus in the above cause on November 22, 2004. The Court, having examined and fully considered the petition for writ of mandamus and response, is of the opinion that relator has not shown himself entitled to the relief sought. See Tex. R. Civ. Prac. & Rem. Code Ann. § 14.008 (Vernon 2002) (on filing of motion to dismiss and request for hearing on said motion, trial court shall suspend discovery relating to claim pending hearing on dismissal motion). Accordingly, the petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8(a).

                                                                                 PER CURIAM

Memorandum Opinion delivered and filed

this 15th day of December, 2004.