In re Jessie and Jody Herrera--Appeal from 131st Judicial District Court of Bexar County

PER CURIAM

Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: September 15, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

On September 3, 2004, relators filed a petition for writ of mandamus. The court has considered relators' petition and is of the opinion that relators are not entitled to the relief sought. Accordingly, relators' petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

PER CURIAM

1. This proceeding arises out of Cause No. 2004-CI-05222, styled Jesse and Josie Herrera v. Charles Butt, III, Individually, H.E.B., Inc., H.E. Butt Grocery Company, H.E.B. Food Stores, Inc., and H.E.B. Grocery Company, L.P., pending in the 131st Judicial District Court, Bexar County, Texas, the Honorable David Berchelmann, Jr. presiding. The Honorable Andy Mireles heard the motion that is the subject of this mandamus proceeding while the Honorable David Berchelmann signed the order in question. On all pleadings filed in the trial court, Jody Herrera is incorrectly named as Josie Herrera.