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MEMORANDUM OPINION

No. 04-08-00878-CV IN RE John TORRES Original Mandamus Proceeding1 PER CURIAM Sitting: Catherine Stone, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: December 17, 2008 PETITION FOR WRIT OF MANDAMUS DENIED On December 3, 2008, relator filed a petition for writ of mandamus.2 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 writ of mandamus is denied. See TEX . R. APP . P. 52.8(a).

PER CURIAM

… This proceeding arises out of Cause No. 2008-CI-03519, styled In the Matter of the Marriage of Jennifer Torres and John Torres and In the Interest of J.T. III, J.T., and J.T., Children, pending in the 73rd Judicial District Court, Bexar County, Texas.

… Torres’s original proceeding relates to the trial court’s purported failure to rule on his motion to provide testimony at his divorce proceeding. Although Torres labeled his original proceeding as a petition for writ of habeas corpus — a procedural vehicle not applicable to the underlying civil matter — we construe Torres’s filing as a petition for writ of mandamus.