In re Advanced Foundation Repair, L.P.--Appeal from 166th Judicial District Court of Bexar County

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Steven C. Hilbig, Justice

Delivered and Filed: October 24, 2007

PETITION FOR WRIT OF MANDAMUS DENIED; EMERGENCY MOTION FOR TEMPORARY RELIEF DENIED

The court has considered relator's petition for a writ of mandamus and emergency motion for temporary relief 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 emergency motion for temporary relief are denied.

PER CURIAM

1. This proceeding arises out of Cause No. 2006-CI-15159, styled Southwest Olshan Foundation Repair Company, L.L.C. and Olshan Foundation Repair Co. Of Dallas, L.P., pending in the 166th Judicial District Court, Bexar County, Texas, the Honorable Martha Tanner presiding. However, the challenged order was signed by the Honorable John D. Gabriel, Jr., presiding judge of the 131st Judicial District Court, Bexar County, Texas.