NUMBER 13-09-00326-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

IN RE BAY LTD.

On Petition for Writ of Mandamus and Motion for Emergency Stay.

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Yañez and Benavides Memorandum Opinion Per Curiam1 Relator, Bay Ltd., filed a petition for writ of mandamus and motion for emergency stay in the above cause on June 12, 2009. The Court requested and received responses to the motion for emergency stay and the petition for writ of mandamus from the real parties in interest.

The Court, having examined and fully considered the petition for writ of mandamus and motion for emergency stay, the responses thereto, and the reply brief filed by relator, is of the opinion that relator has not shown itself entitled to the relief sought. Accordingly, 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 motion for emergency stay and the petition for writ of mandamus are DENIED. See TEX . R. APP. P. 52.8(a).

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