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MEMORANDUM OPINION No. 04-08-00938-CV IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES Original Mandamus Proceeding1 PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: March 25, 2009 PETITION FOR WRIT OF MANDAMUS DISMISSED On December 31, 2008, the Texas Department of Family and Protective Services, relator, filed a petition for a writ of mandamus. On March 17, 2009, the Department filed a first amended petition for a writ of mandamus. On March 18, 2009, the Department filed a motion to dismiss its mandamus petition pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). The court has determined the motion to dismiss should be granted. See TEX . R. APP . P. 42.1(a)(1). Accordingly, the motion is granted and the Department’s first amended petition for a writ of mandamus is dismissed.

PER CURIAM

… This proceeding arises out of Cause No. 2001-PA-2118, styled In the Interest of J.G., filed in the 37th Judicial District Court, Bexar County, Texas, the Honorable David A. Berchelmann, Jr. presiding. -2-