in Re Jennifer Rocha

• Court: Court of Appeals of Texas
• Decided: May 18, 2007
• Docket: 13-07-00275-CV
• Status: Published

Opinion

NUMBER 13-07-275-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE JENNIFER ROCHA

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On Petition for Writ of Mandamus

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza

Memorandum Opinion Per Curiam ⁽¹⁾

Relator, Jennifer Rocha, filed a petition for writ of mandamus and emergency motion for temporary relief in the above cause on May 2, 2007. On May 3, 2007, the Court denied the emergency motion for temporary relief and requested that the real party in interest, Criselda Fong, file a response to relators' petition for writ of mandamus on or before May 14, 2007.

On May 3, 2007, real party in interest filed a motion to strike and dismiss the petition for writ of mandamus because of prior ruling on the merits by the Texas Supreme Court. The Court requested that relator file a response to said motion on or before May 14, 2007 and extended the time for real party in interest to file a response to the petition for writ of mandamus until May 24, 2007. Relator's response to the motion to strike and dismiss was duly filed on May 14, 2007.

After due consideration of real party in interest's motion to strike and dismiss the petition for writ of mandamus and relator's response thereto, we DENY real party's motion to strike and dismiss.

The Court, having examined and fully considered the petition for writ of mandamus is of the opinion that relator has not shown herself entitled to the relief sought. See Tex. R. App. P. 52.7(a)(2), 52.8(a). Accordingly, the Court withdraws its request for real party in interest to file a response to the petition for writ of mandamus and DENIES the petition for writ of mandamus.

PER CURIAM

Memorandum Opinion delivered and filed

this 18th day of May, 2007.

1.

See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).