in Re: Sam O'Neal and Celia O'Neal ( 2006 )

                              NUMBER 13-06-073-CV

                         COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG 

IN RE: SAM O=NEAL AND CELIA O=NEAL

On Petition for Writ of Mandamus

                               MEMORANDUM OPINION                                   

                         Before Justices Hinojosa, Yañez, and Garza

                                 Memorandum Opinion Per Curiam

On February 21, 2006, relators, Sam O=Neal and Celia O=Neal filed a petition for writ of mandamus with this Court in which they allege that on November 15, 2005, the 267th Judicial District Court abused its discretion by granting defendant, Peter Coldwell. M.D.=s motion to abate.  Relator=s petition for writ of mandamus asks this Court to order the respondent, the Honorable Stephen Williams, Presiding Judge of the 267th Judicial District Court of Refugio County, to vacate the November 15, 2005 order, and allow relators= case to be heard on the merits.

Having examined and fully considered the petition for writ of mandamus, the response of the real party in interest, and relators= reply to response, this Court is of the opinion that the relators have not shown themselves entitled to the relief sought, and the petition for writ of mandamus should be denied. The petition for writ of mandamus is hereby DENIED.  See Tex. R. App. P. 52.8(a).

PER CURIAM

Memorandum Opinion delivered

and filed this the 10th day of April, 2006.