In re Amcor Financial Corporation--Appeal from 218th Judicial District Court of Wilson County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Sarah B. Duncan, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: December 22, 2004

PETITION FOR WRIT OF MANDAMUS DENIED MOTION FOR EMERGENCY RELIEF DENIED

The court has considered relator's petition for a writ of mandamus and motion for emergency relief, the response of the real parties in interest, and relator's reply, and is of the opinion that relief should be denied. See Tex. R. App. P. 52.8(a). Accordingly, relator's petition for a writ of mandamus and motion for emergency relief are denied.

Relator shall pay all costs incurred in this proceeding.

The clerk of this court is directed to transmit a copy of this opinion to the attorneys of record, the trial court judge, and the trial court clerk.

PER CURIAM

1. This proceeding arises out of Cause No. 01-01-0030-CVW, styled Robert Johnston, Don Atkins, Beth Atkins, Paul Poole and Debbie Poole v. USA Biomass Corporation, Amcor Capital Corp., Amcor Realty, L.L.C., Amcor Financial Corporation k/n/a Tensleep Energy Corporation, Amcor Builders L.L.C., Lake Valley Water Company, Las Palomos Partnership, Lake Valley Realty Partners Ltd., Frederick H. Behrens, and Las Palomos Water Services Company, pending in the 218th Judicial District Court, Wilson County, Texas. The Honorable Stella H. Saxon is the presiding judge of the 218th Judicial District Court, Wilson County, Texas; however, the Honorable Michael P. Peden, who is the presiding judge of the 285th Judicial District Court, Bexar County, Texas, was appointed to hear the case, and Judge Peden signed the judgment and orders complained of.