Frank D. Yturria v. Banales, Hon. J. Manuel, Hon. William H. Keys, Hon. Ron Young and Hon. William Dodge ( 2009 )

NUMBER 13-99-00741-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ IN RE SCI TEXAS FUNERAL SERVICES, INC. ____________________________________________________________ On Petition for Writ of Mandamus. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam1 On May 4, 2000, this Court abated this original proceeding pending action by the trial court on a petition for bill of review. There was no further activity in this cause until March 5, 2009, when this Court ordered the parties to file an advisory regarding the status of the mandamus proceeding and, if applicable, a motion to reinstate or a motion to dismiss. Relator has now filed a motion to dismiss this proceeding on grounds that it is moot. More than ten days have passed and the real parties in interest have not filed a response to the motion to dismiss. 1 See T EX . R . A PP . P . 5 2.8 (d ) (“W hen d enying relief, the court m ay h and d ow n a n o pinion b ut is not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions). The Court, having examined and fully considered the petition for writ of mandamus and 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 AS MOOT without reference to the merits. IT IS SO ORDERED. PER CURIAM Memorandum Opinion delivered and filed this 23rd day of April, 2009. 2