PER CURIAM

Sitting: Catherine Stone, Justice

Sandee Bryan Marion, Justice

Rebecca Simmons, Justice

Delivered and Filed: October 31, 2007

PETITION FOR WRIT OF MANDAMUS DENIED

The court has considered relator's petition for a writ of mandamus and emergency motion for temporary relief and is of the opinion that relief should be denied. See Tex. R. App. P. 52.8(a). Accordingly, relator's petition for a writ of mandamus and emergency motion for temporary relief are denied.

PER CURIAM

1. This proceeding arises out of Cause No. 05-04-20824-MCV, styled Ramon Vallejo and Oralia Vallejo v. Fort Duncan Medical Center, et al., pending in the 293rd Judicial District Court, Maverick County, Texas. However the challenged order was made by the Honorable Amado J. Abascal, III, presiding judge of the 365th Judicial District Court, Maverick County, Texas.