In re Anita Aviles--Appeal from 38th Judicial District Court of Uvalde County

No. 04-04-00862-CV

IN RE Anita AVILES

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and filed: December 15, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

On December 3, 2004, relator filed a petition for writ of mandamus. This court has determined that relator is not entitled to the relief sought. Therefore, the petition is 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. 04-06-24,189, styled Anita Aviles v. Amistad Nursing Home, Inc., filed in the 38th Judicial District Court, Uvalde County, Texas. The Honorable James M. Simmonds conducted the hearing on the motion to compel arbitration and signed the order compelling arbitration that is at issue in this proceeding. However, the Honorable Mickey R. Pennington is the presiding judge of the 38th Judicial District Court, Uvalde County, Texas.