Deny Writ and Opinion Filed October 16, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01146-CV IN RE LOUIS T. SHIELL II, Relator Original Proceeding from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-06516 MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Myers Opinion by Justice FitzGerald Relator contends the trial judge erred in granting a motion to strike a designation of a responsible third party. 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 motion for temporary relief.

/Kerry P. FitzGerald/ 131146F.P05 KERRY P. FITZGERALD JUSTICE