NUMBER 13-04-549-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE GREAT OAKS HOLDING, L.L.C. AND DON KENNEDY

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On Petition for Writ of Mandamus ___________________________________________________________________

MEMORANDUM OPINION

Before Justices Hinojosa, Garza, and Wittig

Per Curiam Memorandum Opinion

         Relators, Great Oaks Holding, L.L.C. and Don Kennedy, filed a motion for emergency temporary relief and petition for writ of mandamus in the above cause on October 18, 2004. That same day, the Court granted the motion for emergency temporary relief, stayed the trial court’s October 15, 2004, order requiring the production of documents, and requested a response from the real parties in interest.         The Court, having examined and fully considered the petition for writ of mandamus and the response, is of the opinion that relators have not shown themselves entitled to the relief sought and the petition for writ of mandamus should be denied. See Tex. R. App. P. 52.8. Accordingly, the stay is hereby ordered LIFTED. The petition for writ of mandamus is DENIED. Relators’ request for oral argument is DENIED.

         In reviewing the pleadings and evidence pertaining to this proceeding, we note that the trial court’s oral ruling on request for production number nine, as stated during the hearing on the motion to compel, conflicts with its written ruling in the order granting the motion to compel. We request that the trial court reconsider its ruling on request for production number nine given the parties’ stipulations and arguments below.

                                                                         PER CURIAM

Memorandum Opinion delivered and filed

the 2nd of November, 2004.