In re Southwest Texas Pathology Associates, L.L.P., South Texas Pathology Associates, L.L.P., George Bannayan, M.D., P.A., Paula R. Larson, M.D., P.A. and Everett Donowho, Jr., M.D., P.A.--Appeal from 288th Judicial District Court of Bexar County

No. 04-01-00677-CV

IN RE SOUTHWEST PATHOLOGY ASSOCIATES, L.L.P.,

South Texas Pathology Associates, L.L.P., George Bannayan M.D., P.A.,

Paula R. Larson, M.D., P.A., and Everett Donowho, Jr., M.D., P.A.

Related Trial Court No. 2001-CI-09425

From the 288th Judicial District Court, Bexar County, Texas

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Alma L. L pez, Justice

Paul W. Green, Justice

Delivered and filed: November 7, 2001

EMERGENCY MOTION FOR STAY DENIED; PETITION FOR WRIT OF MANDAMUS DENIED

On October 22, 2001, relators filed a petition for writ of mandamus, alleging the trial court abused its discretion by disqualifying relators' counsel, implicitly rejecting relators' contention that delay in filing the motion waived the real-party-in-interest's complaint. This court has determined that relators are not entitled to the relief sought. Accordingly, relators' emergency motion for stayed is denied. Relators' petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a). Relators shall pay all costs incurred in this proceeding.

PER CURIAM

DO NOT PUBLISH