in Re American Retirement Corporation and Peggy Brisgill, in Her Capacity as Manager

NUMBER 13-07-261-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________ _______

IN RE AMERICAN RETIREMENT CORPORATION AND PEGGY BRISGILL, IN HER CAPACITY AS MANAGER

______________________________________________________ _____

On Petition for Writ of Mandamus __________________________________________________________ _

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza Per Curiam Memorandum Opinion ⁽¹⁾

Relators, American Retirement Corporation and Peggy Brisgill, in her capacity as manager, filed a petition for writ of mandamus and motion for emergency stay in the above cause on April 20, 2007. That same day, the Court granted the motion for emergency stay and requested a response from the real party in interest. Said response was duly filed on June 5, 2007.

The Court, having examined and fully considered the petition for writ of mandamus and response thereto, is of the opinion that relators have not shown themselves entitled to the relief sought. Accordingly, the stay of all proceedings below is hereby ordered LIFTED and the petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8(a).   

PER CURIAM

Memorandum Opinion delivered and

filed this 6th day of June, 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).