IN RE: CNH CAPITAL AMERICA--Appeal from County Court at Law No. 5 of Hidalgo County

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NUMBER 13-09-00451-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN RE: CNH CAPITAL AMERICA, LLC On Petition for Writ of Mandamus MEMORANDUM OPINION Before Justices Rodriguez, Garza and Vela Memorandum Opinion Per Curiam1 Relator, CNH Capital America, LLC, filed a petition for writ of mandamus by which it requests that this Court direct respondent, the Honorable Arnoldo Cantu, Jr., presiding judge of County Court at Law No. 5 of Hidalgo County, Texas, to vacate his July 16, 2009 order denying relator s plea to the jurisdiction in trial court cause number CI-09-1097-E. This Court, having examined and fully considered relator s petition, is of the opinion that relator has not shown itself entitled to the relief sought and the petition should be denied. See TEX . R. APP. P. 52.8(a). Accordingly, the petition for writ of mandamus is DENIED. PER CURIAM Memorandum Opinion delivered and filed this the 18th day of August, 2009. 1 See T EX . R. A PP . P. 47.4 (distinguishing opinions and m em orandum opinions), 52.8(d) ( W hen denying relief, the court m ay hand down an opinion but is not required to do so. ).

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