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 OPINION1
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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
NOTES
1. See Tex. R. App. P. 47.4.