NUMBER 13-09-00220-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

IN RE: JESSICA MARIE GARCIA

On Petition for Writ of Mandamus.

MEMORANDUM OPINION Before Justices Yañez, Rodriguez, and Benavides Memorandum Opinion Per Curiam1 Relator, Jessica Maria Garcia, filed a petition for writ of mandamus in the above cause on April 20, 2009. On April 22, 2009, the Court entered an order requesting a response to be filed by the real party in interest, Mary Elizabeth Rubio. Such response was duly filed on May 6, 2009.

The Court, having examined and fully considered the petition for writ of mandamus and the response thereto, is of the opinion that relator has not shown herself entitled to the relief sought. Accordingly, the petition for writ of mandamus is DENIED. See TEX . R. APP.

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).

P. 52.8(a). The real party in interest’s motion to strike and for sanctions is likewise DENIED.

PER CURIAM

Memorandum Opinion delivered and filed this 14th day of May, 2009.