NUMBER 13-09-00070-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ IN RE THE STRUTHOFF COMPANY, INC. ____________________________________________________________ On Petition for Writ of Mandamus. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Yañez and Benavides Memorandum Opinion Per Curiam1 Relator, The Struthoff Company, Inc., filed a petition for writ of mandamus in the above cause on February 12, 2009. Currently before the Court is relator’s motion to dismiss this original proceeding.

The Court, having examined and fully considered the 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 DISMISSED without regard to the merits.

See T EX . R . A PP . P . 52.8 (d ) (“W hen d enying relief, the court m ay hand dow n an opinion but is not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions).

IT IS SO ORDERED.

PER CURIAM Delivered and filed this 4th day of March, 2010.