in Re: Lyon Financial Services, Inc. D/B/A US Bancorp Portfolio Services

NUMBER 13-07-269-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: LYON FINANCIAL SERVICES, INC.

D/B/A US BANCORP PORTFOLIO SERVICES

On Petition for Writ of Mandamus

MEMORANDUM OPINION

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

On April 25, 2007, relator, Lyon Financial Services, Inc. d/b/a US Bancorp Portfolio Services, filed a petition for writ of mandamus with this Court in which it alleges that on April 5, 2007, respondent, the Honorable Jaime J. Palacios, Presiding Judge of the County Court at Law No. 2 of Hidalgo County, Texas, abused his discretion by denying relator's motion to dismiss the case. Relator's petition for writ of mandamus asks this Court to order the respondent to grant the motion to dismiss and dismiss the case.

This Court, having examined and fully considered the petition for writ of mandamus and the response by the real party in interest, McAllen North Imaging, Inc, is of the opinion that the relator has not shown itself entitled to the relief sought.   

This Court denies the petition for writ of mandamus. The petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8(a).

   PER CURIAM

Memorandum Opinion delivered and

filed this the 31st day of May, 2007.