MEMORANDUM OPINION No. 04-11-00607-CV IN RE Ronald Dale BENNETT Original Mandamus Proceeding 1 PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Marialyn Barnard, Justice Delivered and Filed: August 31, 2011 PETITION FOR WRIT OF MANDAMUS DENIED On August 19, 2011, 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, 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. 2010-CI-01359, styled Robert C. Hasslocher and Julie Himoff v. Williams Brothers Construction Co., Inc., et al., pending in the 288th Judicial District Court, Bexar County, Texas, the Honorable Solomon J. Casseb, III presiding. However, the Honorable Barbara Hanson Nellermoe, presiding judge of the 45th Judicial District Court, Bexar County, Texas, presided over the hearing that resulted in the order complained of, and the Honorable John D. Gabriel, presiding judge of the 131st Judicial District Court, Bexar County, Texas, signed the order complained of.