IN THE SUPREME COURT OF TEXAS

No. 08-0544

IN RE SCOGGINS CONSTRUCTION COMPANY, INC.

On Petition for Writ of Mandamus

ORDERED:

1. Relator's motion for emergency stay, filed August 12, 2008, is granted. All trial court proceedings in Cause No. C-1473-06-I-1, styled Mercedes Independent School District (Re: Kennedy Elementary) v. Scoggins Construction Company, Inc., in the 398th District Court of Hidalgo County, Texas, are stayed pending further order of this Court. 2. The petition for writ of mandamus remains pending before this Court.

Done at the City of Austin, this August 29, 2008. [pic] Blake A. Hawthorne, Clerk Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk