Opinion issued April 15, 2009

In The

Court of Appeals

For the

First District of Texas

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NO. 01-09-00284-CV

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IN RE PHIL MARKS AND TIM WILSON, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINIONRelators, Phil Marks and Tim Wilson, have filed a petition for writ of mandamus, accompanied by a motion for leave to file the petition for writ of mandamus, complaining of (1) the trial judge’s written ruling, signed February 8, 2008, reciting that he lacks plenary power to rule on relators’ post-judgment motion and (2) the trial judge’s failure to rule on that motion.

          We deny the petition for a writ of mandamus and the motion for leave to file same.

PER CURIAM

Panel consists of Justices Taft, Bland, and Sharp.