i i i i i i

MEMORANDUM OPINION No. 04-09-00608-CV IN RE Emerald RODRIGUEZ and Phillip RODRIGUEZ

Original Mandamus Proceeding1 PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Rebecca Simmons, Justice Delivered and Filed: October 7, 2009 PETITION FOR WRIT OF MANDAMUS DENIED On September 28, 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 Nos. 2009-CI-11272, styled Emerald Rodriguez and Phillip Rodriguez v. George McLean, pending in the 131st Judicial District Court, Bexar County, Texas, the Honorable John D. Gabriel presiding, and 2009-CI-11274, styled David Rodriguez v. Vision Source LP aka Vision Source National, et al., pending in the 166th Judicial District Court, Bexar County, Texas, the Honorable Martha Tanner presiding. However, the order complained of was signed by the Honorable Barbara Nellermoe, presiding judge of the 45th Judicial District Court, Bexar County, Texas.