Opinion issued August 10, 2006

In The

Court of Appeals

For the

First District of Texas

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NO. 01–06–00695–CV

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IN RE BILLY HOOD & ASSOCIATES, INC. Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINIONRelator Billy Hood & Associates, Inc. filed a petition for a writ of mandamus, complaining of Judge Wise’s May 16, 2006 rendition of summary judgment that relator take–nothing from real party in interest Bradco Supply Corporation. On June 30, 2006, the trial judge severed relator’s claims against real party in interest and rendered a final, appealable judgment.

          We deny the petition for a writ of mandamus as relator has an adequate remedy by appeal.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Taft and Nuchia.