TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00687-CV

In re FIA Card Services, N.A. f/k/a MBNA America Bank, N.A.

ORIGINAL PROCEEDING FROM CALDWELL COUNTY

M E M O R A N D U M O P I N I O N

Relator FIA Card Services has filed a motion requesting that its petition for writ of mandamus be dismissed. See Tex. R. App. P. 42.1(a)(1). We grant the motion and dismiss the petition.

___________________________________________ Diane M. Henson, Justice

Before Chief Justice Jones, Justices Puryear and Henson

Filed: May 28, 2009