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MEMORANDUM OPINION No. 04-08-00343-CV IN RE SATTERFIELD & PONTIKES CONSTRUCTION, INC. Original Mandamus Proceeding1 PER CURIAM Sitting: Alma L. López, Chief Justice Sandee Bryan Marion, Justice Rebecca Simmons, Justice Delivered and Filed: August 13, 2008 PETITION FOR WRIT OF MANDAMUS DENIED In this original mandamus proceeding, relator Satterfield and Pontikes (“Satterfield”) complains of three pretrial orders signed by the Honorable Alex W. Gabert, presiding judge of the 229th Judicial District Court, Duval County, Texas: (1) an order denying a motion to consolidate; (2) an order severing third-party claims; and (3) and an order denying a motion for continuance. To be entitled to mandamus relief, a relator must show the trial court clearly abused its discretion and the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004). We conclude Satterfield has not satisfied these requirements. Accordingly, the petition for a writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).

PER CURIAM

This proceeding arises out of Cause No. DC-06-74, styled San Diego Independent School District v. Satterfield & Pontikes Construction, Inc., pending in the 229th Judicial District Court, Duval County, Texas, the Honorable Alex W. Gabert presiding.