Deny Writ and Opinion Filed October 3, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01228-CV IN RE STEPHEN A. BERGENHOLTZ, Relator Original Proceeding from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-51444-2008 MEMORANDUM OPINION Before Justices Bridges, O'Neill, and Lewis Opinion by Justice Bridges Relator contends the trial court erred in denying a motion to transfer this case to Denton County. 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 emergency motion for temporary relief to stay underlying proceedings.

/David L. Bridges/ DAVID L. BRIDGES 131228F.P05 JUSTICE