in Re Jesus (Jay) Montalvo

Opinion

Opinion issued January 10, 2008

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-07-01020-CV

IN RE JESUS (JAY) MONTALVO, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Jesus Montalvo, has filed a petition for writ of mandamus complaining of Judge Warne=s^[1] order denying relator=s motion for partial summary judgment.

We deny the petition for writ of mandamus.

                                                   PER CURIAM

Panel consists of Chief Justice Radack and Justices Alcala and Bland.

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¹           The Honorable Doug Warne, judge of the 311th District Court of Harris County, Texas.  The underlying lawsuit is In the Interest of Mitchell J. Montalvo, a minor, Mack J. Travers, Intervenor, trial court cause no. 1998-04950.