IN RE MARILYN L. PATRICK--Appeal from Probate Court No 1 of Harris County

Opinion issued December 9, 2005

In The

Court of Appeals

For the

First District of Texas

____________

NO. 01 05 01137 CV

____________

IN RE MARILYN L. PATRICK, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINIONOn Friday, December 9, 2005, relator Marilyn L. Patrick filed both (1) a petition for a writ of mandamus complaining of Judge Austin s October 7, 2005 order denying in part her motion to compel discovery and November 17, 2005 order denying reconsideration of her motion to compel and (2) a motion for temporary relief. // Relator also contends that on December 7, 2005 Judge Austin denied her motion to re-open discovery filed on December 2, 2005, but this order is not in the original proceeding record. The record demonstrates that Judge Austin signed a docket control order on June 30, 2005 that set the case for trial on Monday, December 12, 2005.

We deny both the petition for a writ of mandamus and the motion for temporary relief.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.