In re Kathy Cooke--Appeal from 73rd Judicial District Court of Bexar County

No. 04-04-00643-CV

In re Kathy COOKE

Original Mandamus Proceeding (1)

PER CURIAM

Sitting: Alma L. L pez, Chief Justice (dissenting without opinion)

Paul W. Green, Justice

Sandee Bryan Marion, Justice

Delivered and filed: September 29, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

On September 15, 2004, relator filed a petition for writ of mandamus and a motion for emergency relief. This court has determined that relator is not entitled to the relief sought. Therefore, the petition and motion are DENIED. Tex. R. App. P. 52.8(a).

Relator shall pay all costs incurred in this proceeding.

PER CURIAM

1. This proceeding arises out of Cause No. 2003-CI-06649, styled Kathy Cooke v. Covenant Custom Builders, Inc. and Jeffrey B. Smith, filed in the 73rd Judicial District Court, Bexar County, Texas.