Opinion issued March 31, 2009

In The

Court of Appeals

For The

First District of Texas

NO. 01-09-00246-CV

IN RE HOBA LAKE HOUSTON GP, L.L.C. AND RON HOLLEY, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

By petition for writ of mandamus, relators, HOBA Lake Houston GP, L.L.C. and Ron Holley seek relief compelling the trial court to eliminate all experts who were not designated as of February 10, 2009. Alternatively, HOBA seeks mandamus relief ordering the trial court to assess reasonable fees and costs incurred by HOBA against the real parties in interest as a result of the continuance.

We deny the petition for writ of mandamus. All pending motions are overruled as moot.

Per Curiam 

Panel consists of Justices Jennings, Keyes, and Higley.