Opinion issued July 14, 2005

In The

Court of Appeals

For the

First District of Texas

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NO. 01-05-00144-CV

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IN RE ANDREW C. DEWEY, DEWEY INVESTMENT PARTNERSHIP, LTD., AND A.C. DEWEY & COMPANY, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINIONRelators, Andrew C. Dewey, Dewey Investment Partnership, Ltd., and A.C. Dewey & Company have filed a petition for a writ of mandamus complaining of an order signed on February 11, 2005, by which the Honorable Gary Michael Block denied their motion to release a deposit paid into the registry of the trial court and ordered that the funds be held in trust by counsel for the real party-in-interest, David Wenger. In response to our request, the real party-in-interest filed a response to relators’ petition.

          We deny the petition for a writ of mandamus and all pending motions in this cause.

PER CURIAM

Panel consists of Justices Taft, Alcala, and Higley.