DISMISS; and Opinion Filed May 22, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00995-CV IN RE J.C. PENNEY COMPANY, INC., ET AL., Relators On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-00735 MEMORANDUM OPINION Before Justices Moseley, FitzGerald, and Myers Opinion by Justice FitzGerald On April 18, 2013, this Court informed the parties that this original proceeding would be dismissed unless either party objected within ten days. Neither party has objected or otherwise communicated with this Court regarding the petition for writ of mandamus. Accordingly, we DISMISS the petition.

Kerry P. FitzGerald KERRY P. FITZGERALD JUSTICE

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