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MEMORANDUM OPINION No. 04-09-00647-CV IN RE NIRVANA APTS., A CALIFORNIA LIMITED PARTNERSHIP, a/k/a NIRVANA APTS. L.P. and d/b/a LINCOLN VILLAGE APARTMENTS; MARCHAI, A CALIFORNIA LIMITED PARTNERSHIP a/k/a and d/b/a LINCOLN VILLAGE APARTMENTS; NIRVANA APARTMENTS, LLC; SHEVACH, INC.; CHAIM FREEMAN, INDIVIDUALLY; and KIMBERLY OGG, INDIVIDUALLY Original Mandamus Proceeding1 PER CURIAM Sitting: Karen Angelini, Justice Phylis J. Speedlin, Justice Steven C. Hilbig, Justice Delivered and Filed: October 28, 2009 PETITION FOR WRIT OF MANDAMUS DENIED On October 12, 2009, relators filed a petition for writ of mandamus. The court has considered relators’ petition for writ of mandamus and is of the opinion that relators are not entitled to the relief sought. Accordingly, the petition for writ of mandamus is DENIED. See TEX . R. APP .

P. 52.8(a).

PER CURIAM

… This proceeding arises out of Cause No. 2008-CI-02773, pending in the 285th Judicial District Court, Bexar County, Texas, the Honorable Michael Peden presiding. However, the order complained of was signed by the Honorable Barbara Hanson Nellermoe, presiding judge of the 45th Judicial District Court, Bexar County, Texas.