Opinion issued April 19, 2013.

In The Court of Appeals For The First District of Texas

NO. 01-13-00203-CV

IN RE D. PATRICK SMITHERMAN, Relator Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator D. Patrick Smitherman filed a petition for writ of mandamus seeking relief from the trial court’s order denying his motion to dismiss the underlying suit.1 We requested and received a response from real party in interest the Commission for Lawyer Discipline. We deny the petition for writ of mandamus.

PER CURIAM Panel consists of Justices Keyes, Brown, and Huddle.

The underlying suit is Commission for Lawyer Discipline v. David Patrick Smitherman, No. 2010-10256, in the 129th District Court of Harris County, Texas.

The respondent is the Honorable Richard Beacom.