NUMBER 13-09-00297-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

IN RE CAREMARKPCS HEALTH, L.P., F/K/A ADVANCEPCS HEALTH, L.P.

On Petition for Writ of Mandamus.

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Yañez and Benavides Memorandum Opinion Per Curiam1 Relator, CaremarkPCS Health, L.P., f/k/a AdvancePCS Health, L.P., filed a petition for writ of mandamus in the above cause on June 12, 2009. The Court requested and received a response from the real parties in interest. Relator has now filed an unopposed motion to dismiss the petition for writ of mandamus on grounds that the parties have settled and compromised their differences.

See T EX . R . A PP . P . 5 2 .8 (d ) (“W hen denying relief, the court m ay hand dow n an opinio n but is not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions).

The Court, having examined and fully considered the unopposed motion to dismiss, is of the opinion that relator has shown itself entitled to the relief sought. Accordingly, the motion to dismiss is GRANTED and the petition for writ of mandamus is hereby DISMISSED. See TEX . R. APP. P. 52.8(a).

PER CURIAM

Memorandum Opinion delivered and filed this 9th day of July, 2009.