Opinion issued February 10, 2005

In The

Court of Appeals

For the

First District of Texas

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NO. 01-05-00054-CV

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IN RE THOMAS GIESBERG, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINIONIn this mandamus proceeding, relator, Thomas Giesberg, challenges (1) an interlocutory order granting summary judgment signed on January 14, 2004 by the Hon. Ogden Bass, sitting as an assigned judge, and (2) the alleged refusal of Judge Ben Hardin to rule on 16 separate motions filed by relator. We deny relator’s petition for a writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Bland.