Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00800-CV IN RE Chris SCHUCHART, Independent Executor of the Estate of Thomas A. Russell a/k/a Thomas Anthony Russell, Sr., Deceased Original Mandamus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: January 23, 2013 PETITION FOR WRIT OF MANDAMUS DENIED On November 28, 2012, Relator Chris Schuchart, Independent Executor of the Estate of Thomas A. Russell a/k/a Thomas Anthony Russell, Sr., Deceased, filed a petition for writ of mandamus. On January 10, 2013, the real parties in interest filed a joint response. The court has considered both the petition and the response 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. CCL09-7, styled Patricia S. Russell v. Chris Schuchart, Independent Executor of the Estate of Thomas A. Russell a/k/a Thomas Anthony Russell, Sr., Deceased, pending in the County Court at Law, Kerr County, Texas, the Honorable Spencer Brown presiding.