In re Fountains International Group, Inc.--Appeal from 131st Judicial District Court of Bexar County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: January 21, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

The court has considered relator's petition for writ of mandamus and emergency motion for temporary relief. Because the trial court has made a ruling at the hearing relator sought to stay, the motion is moot. The petition for writ of mandamus fails to comply with Rule 52 of the Texas Rules of Appellate Procedure. Accordingly, the petition for writ of mandamus is denied without prejudice to refiling a petition in compliance with the rules. Relator shall pay all costs incurred in this proceeding.

PER CURIAM

1. This proceeding arises out of Cause No. 2001-CI-15672, styled Summit Oak Dev. L.L.C. v. Fountains International Group, Inc., et al., pending in the 131st Judicial District Court, Bexar County, Texas, the Honorable David Peeples presiding.