in Re David L. Smith

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-033-CV

IN RE DAVID L. SMITH RELATOR

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ORIGINAL PROCEEDING

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MEMORANDUM OPINION (footnote: 1)

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The court has considered relator's petition for writ of mandamus and/or prohibition, and request for a temporary stay of deposition and is of the opinion that relief should be denied.  Accordingly, relator's petition for writ of mandamus and/or prohibition and request for a temporary stay of deposition  are denied.

Relator shall pay all costs of this original proceeding, for which let execution issue.

PER CURIAM

PANEL A: CAYCE, C.J.; LIVINGSTON and HOLMAN, JJ.

LIVINGSTON, J., not participating.

DELIVERED: January 31, 2005

FOOTNOTES

1:

See Tex. R. App. P. 47.4.