MEMORANDUM OPINION

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: November 18, 2009

PETITION FOR WRIT OF MANDAMUS DENIED

On September 2, 2009, relator filed a petition for writ of mandamus. 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

1. This proceeding arises out of Cause No. 2007-CI-05058, styled CB Plumbers LLC D/B/A CB Service Company v. The Eleanor Apartments Limited Partnership, in the 131st Judicial District Court, Bexar County, Texas, the Honorable John Gabriel presiding.