MEMORANDUM OPINION

No. 04-06-00001-CV

IN RE Scott DAUNER, Individually,

and as Next Friend of Robert Scott DAUNER, Deceased

Original Mandamus Proceeding

PER CURIAM

Sitting:            Catherine Stone, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed:   January 25, 2006

PETITION FOR WRIT OF MANDAMUS DENIED

            On January 3, 2006, relator filed a petition for a writ of mandamus. The court has considered relator’s petition and is of the opinion that relator is not entitled to the relief sought. Accordingly, relator’s petition for a writ of mandamus is denied. See Tex. R. App. P. 52.8(a). Relator shall pay all costs incurred in this proceeding.

                                                                                    PER CURIAM