IN THE SUPREME COURT OF TEXAS

No. 09-0703

IN RE OLSHAN FOUNDATION REPAIR COMPANY, LLC AND OLSHAN FOUNDATION REPAIR COMPANY OF DALLAS, LTD.

On Petition for Writ of Mandamus

ORDERED:

1. Relators' emergency motion to stay district court proceedings, filed August 24, 2009, is granted. All trial court proceedings in Cause No. 74551, styled Robert and Marta Tingdale v. Olshan Foundation Repair Company, LLC and Olshan Foundation Repair Company of Dallas, Ltd., in the 40th District Court of Ellis 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 September 4, 2009. [pic] Blake A. Hawthorne, Clerk Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk