IN THE SUPREME COURT OF TEXAS No. 09-0109 IN RE THE HONORABLE GUY HERMAN On Petition for Writ of Mandamus ORDERED: 1. Relator's motion for temporary relief, filed February 5, 2009, is granted. The judgment dated December 4, 2008, in Cause No. 01-08-00804- CV, styled In re Robert Alpert, Roman Alpert, and Daniel Alpert, in the First Court of Appeals is 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 March 06, 2009. [pic] Blake A. Hawthorne, Clerk Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk