in Re Home Depot, U.S.A.

00-00480 In re Home Depot USA.wpd

No. 04-00-00480-CV

IN RE HOME DEPOT, U.S.A.

Original Proceeding (1)

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: September 27, 2000

PETITION FOR WRIT OF MANDAMUS DENIED

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

Do not publish

1. This proceeding arises out Cause No. 97-CI-17739, styled Rodolfo Luna v. Home Depot U.S.A., Inc.; Home Tech Depot, Inc.; Home Depot International Inc.; D/B/A Home Depot, pending in the 166th Judicial District Court, Bexar County, Texas, in which the Honorable Martha B. Tanner is the presiding judge. However, the order complained of was signed by the Honorable Pat Priest, visiting judge assigned to the 166th Judicial District Court.