in Re D. Patrick Smitherman

Opinion issued April 19, 2013. In The Court of Appeals For The First District of Texas NO. 01-13-00203-CV IN RE D. PATRICK SMITHERMAN, Relator Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION Relator D. Patrick Smitherman filed a petition for writ of mandamus seeking relief from the trial court’s order denying his motion to dismiss the underlying suit.1 We requested and received a response from real party in interest the Commission for Lawyer Discipline. We deny the petition for writ of mandamus. PER CURIAM Panel consists of Justices Keyes, Brown, and Huddle. 1 The underlying suit is Commission for Lawyer Discipline v. David Patrick Smitherman, No. 2010-10256, in the 129th District Court of Harris County, Texas. The respondent is the Honorable Richard Beacom. 2