In re Exxon Mobil Corporation--Appeal from 229th Judicial District Court of Duval County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Sarah B. Duncan, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: October 20, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

The court has considered relator's petition for writ of mandamus and the response of the real party in interest and is of the opinion that relief should be denied. See Tex. R. App. P. 52.8(a). Accordingly, relator's petition for writ of mandamus is denied and the temporary stay issued by the court on September 27, 2004 is lifted.

Relator shall pay all costs incurred in this proceeding.

The clerk of this court is directed to transmit a copy of this opinion to the attorneys of record, the trial court judge, and the trial court clerk.

PER CURIAM

1. This proceeding arises out of Cause No. DC-02-169, styled Miguel Ruiz and Sandalio Ruiz, Independent Executors of the Estate of Ponciano Ruiz, Deceased v. Exxon Mobil Corporation, J. M. Huber Corporation, and Petrocorp, Inc., pending in the 229th Judicial District Court, Duval County, Texas, the Honorable Alex W. Gabert presiding.