NUMBER 13-07-365-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE: RENE GARCIA, JR.

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On Petition for Writ of Mandamus____________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Garza

Per Curiam Memorandum Opinion ⁽¹⁾

Relator, Rene Garcia, Jr., filed a petition for writ of mandamus in the above cause on June 8, 2007. The Court requested that the real party in interest, Antonia Vallejo Garcia, file a response, and such response was duly filed on June 22, 2007, along with a motion for sanctions. Relator has also filed an unopposed motion to dismiss this original proceeding.

We have carefully considered the motion for sanctions. Based on our review of the pleadings and record, we find the motion is not frivolous. Nevertheless, the motion, as it pertains to this original proceeding, is DENIED. We are confident that the trial court will take any steps deemed necessary to ensure that the parties and their counsel strictly comply with their ethical and professional obligations in further proceedings below.

We GRANT relator's motion to dismiss the original proceeding, and, accordingly, this original proceeding is DISMISSED.

PER CURIAM

Memorandum Opinion delivered and filed

this 15th day of August, 2007.

1. See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).