TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00678-CV

In re Richard Scheller

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

On December 2, 2009, relator Richard Scheller filed his petition for writ of mandamus and motion for temporary relief. See Tex. R. App. P. 52.8, 52.10. On December 10, we issued an order staying the trial court’s order pending our resolution of Scheller’s petition, allowing the real party in interest until December 22 to file a response. Having reviewed the petition, response, and record, we dissolve our stay and deny the petition for writ of mandamus.

__________________________________________ David Puryear, Justice Before Chief Justice Jones, Justices Puryear and Waldrop Filed: December 23, 2009