IN RE: CANDACE TONKENS, DEPENDENT ADMINISTRATOR OF THE ESTATE OF AMY CONKEY, DECEASED--Appeal from County Court at Law No 2 of Cameron County

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NUMBER 13-08-00460-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN RE CANDACE TONKENS, DEPENDENT ADMINISTRATOR OF THE ESTATE OF AMY ANN CONKEY, DECEASED On Petition for Writ of Mandamus. MEMORANDUM OPINION Before Chief Justice Valdez and Justices Yañez and Benavides Memorandum Opinion Per Curiam1 Relator, Candace Tonkens, Dependent Administrator of the Estate of Amy Ann Conkey, Deceased, filed a petition for writ of mandamus in the above cause on July 31, 2008. On August 4, 2008, the Court entered an order requesting a response to be filed by the real party in interest, Duane Conkey in his Capacity as Administrator of the Estate of Raymond Conkey, Deceased. Subsequently, the real party in interest requested and received an extension of time to file his response, and such response was duly filed on 1 See T EX . R . A PP . P . 5 2 .8 (d ) ( W hen denying relief, the court m ay hand dow n an opinio n but is not required to do so. ); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions). August 29, 2008. On September 10, 2008, relator filed a reply to this response. The Court, having examined and fully considered the petition for writ of mandamus, the response, and the reply thereto, is of the opinion that relator has not shown herself entitled to the relief sought. Accordingly, the petition for writ of mandamus is DENIED. See TEX . R. APP. P. 52.8(a). PER CURIAM Memorandum Opinion delivered and filed this 30th day of September, 2008. 2

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