Deny Writ and Opinion Filed September 18, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01184-CV IN RE JAMES M. FISHER II, Relator Original Proceeding from the 255th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-09-22733 MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Myers Opinion by Justice FitzGerald Relator contends the trial judge erred in awarding real party in interest interim attorney’s fees. The facts and issues are well known to the parties, so we need not recount them herein.

Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we DENY relator=s petition for writ of mandamus and LIFT the stay imposed by our order of August 29, 2013.

131184F.P05 KERRY P. FITZGERALD JUSTICE