Opinion issued November 14, 2008

In The

Court of Appeals

For The

First District of Texas

NO. 01-08-00782-CV

IN RE RUBEN S. MARTIN III, Relator

Original Proceeding On Petition For Writ Of Mandamus

MEMORANDUM OPINION

By petition for writ of mandamus, relator, Ruben S. Martin III, seeks mandamus relief ordering the trial court to dismiss the derivative claims from the original petition. Alternatively, he seeks dismissal of the entire suit.

We deny the petition for writ of mandamus.

Per Curiam

Panel consists of Justices Taft, Keyes, and Alcala.