in Re Kevin Kelly, Relator ( 2010 )

i i i i i i MEMORANDUM OPINION No. 04-10-00308-CV IN RE KEVIN KELLY Original Mandamus Proceeding1 PER CURIAM Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Marialynn Barnard, Justice Delivered and filed: April 28, 2010 PETITION FOR WRIT OF MANDAMUS DENIED On April 19, 2010, relator filed a motion for emergency temporary relief and a petition for writ of mandamus. This court has determined that relator is not entitled to the relief sought. Therefore, both the motion and the petition are DENIED. TEX . R. APP . P. 52.8(a). Relator shall pay all costs incurred in this proceeding. PER CURIAM … This proceeding arises out of Cause No. 2009-CI-14464, styled Kevin Kelly v. Dr. Carolyn Walker and 1 Leon Springs Dental Center, pending in the 37th Judicial District Court, Bexar County, Texas. Although the Honorable David A. Berchelmann is the presiding judge of the 37th Judicial District Court, the Honorable Sol Casseb, III, presiding judge of the 288th Judicial District Court, signed the order at issue.