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MEMORANDUM OPINION No. 04-10-00601-CV IN RE Carrie Sue MITCHELL Original Mandamus Proceeding1 PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: August 25, 2010 PETITION FOR WRIT OF MANDAMUS DENIED On August 19, 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. 2010-CI-12563, styled Daryl A. Mitchell v. Carrie S. Mitchell, 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 Larry Noll, presiding judge of the 408th Judicial District Court.