MEMORANDUM OPINION No. 04-11-00057-CV IN RE David RODRIGUEZ Original Mandamus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice Delivered and Filed: February 9, 2011 PETITION FOR WRIT OF MANDAMUS DENIED On January 24, 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-16600, styled David Rodriguez, Individually and as Next Friend of Phillip Rodriguez v. Sylvia Rodriguez, Individually Joint and Severally and as Employee of Travelocity, et al., in the 288th Judicial District Court, Bexar County, Texas, the Honorable Solomon J. Casseb, III presiding. However, the ruling complained of was made by the Honorable David A. Berchelmann, presiding judge of the 37th Judicial District Court, Bexar County, Texas.