Opinion issued December 11, 2008

In The

Court of Appeals

For The

First District of Texas

NO. 01-08-00980-CV

IN RE CARL POSTON AND SHEREA POSTON, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

By petition for writ of mandamus, relators, Carl Poston and Sherea Poston, challenge the trial court's ⁽¹⁾ December 8, 2008, "Order Denying Postons' 'Plea in Abatement.'"

We deny the petition for writ of mandamus.

Panel consists of Justices Taft, Nuchia and Higley

1.