MEMORANDUM OPINION No. 04-10-00743-CV IN RE Marvin H. WITTE Original Mandamus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice Delivered and Filed: October 27, 2010 PETITION FOR WRIT OF MANDAMUS DENIED On October 18, 2010, relator filed a petition for writ of mandamus and a motion for emergency stay. The court has considered relator’s petition for writ of mandamus and is of the opinion that relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus and the motion for emergency stay are DENIED. See TEX. R. APP. P. 52.8(a).

PER CURIAM

This proceeding arises out of Cause No. 10-05-00086-CVK, styled Carolyn W. Gardner v. Marvin H. Witte, pending in the 218th Judicial District Court, Karnes County, Texas, the Honorable Stella Saxon presiding.