In Re: J. Michael Hershey--Appeal from 329th District Court of Wharton County

 NUMBER 13-06-052-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI- EDINBURG

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IN RE: J. MICHAEL HERSHEY

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On Petition for Writs of Mandamus

and Prohibition

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MEMORANDUM OPINION

Before Justices Hinojosa, Ya ez, and Castillo

Memorandum Opinion Per Curiam[1]

On February 6, 2006, relator, J. Michael Hershey, filed a petition for writs of mandamus and prohibition, in which he requested this Court to direct the Respondent, the Honorable Daniel R. Sklar, presiding judge of the 329th Judicial District Court of Wharton County, Texas, to withdraw his (1) Supplemental Order of Partition and (2) Amended Order on Motion to Require the Parties to Pay Expenses. Relator also requested that this Court employ the writ of prohibition to prohibit Respondent from (1) proceeding under the Supplemental Order of Partition or the Supplemental Report of Commissioners and (2) taxing costs disproportionately against Relator.

Real parties-in-interest filed a preliminary response on February 17, 2006. The Court, having examined and fully considered the petition for writs of mandamus and prohibition and the preliminary response, is of the opinion that relator=s petition should be denied. Accordingly, relator=s petition for writs of mandamus and prohibition is DENIED.[2]

Per Curiam

Memorandum opinion delivered and filed

thisthe 22nd day of February, 2006.

[1] See Tex. R. App. P. 52.8(d) (AWhen denying relief, the court may hand down an opinion but is not required to do so.@); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).

[2] See Tex. R. App. P. 52.8(a).