COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-081-CV IN RE ROBERT GENE CUNNINGHAM, RELATOR INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF PATRICIA MAUDINE CUNNINGHAM, DECEASED ------------ ORIGINAL PROCEEDING ------------ MEMORANDUM OPINION 1 ------------ The court has considered relator’s petition for writ of mandamus and is of the opinion that relief should be denied. Accordingly, relator’s petition for writ of mandamus is denied. Further, real party in interest’s “Motion For Sanctions” is denied.

Relator shall pay all costs of this original proceeding, for which let execution issue.

PER CURIAM PANEL B: DAUPHINOT, HOLMAN, and GARDNER, JJ.

DELIVERED: March 12, 2008

See T EX. R. A PP. P. 47.4.