IN RE: THE STATE OF TEXAS, ET AL.--Appeal from 107th District Court of Cameron County
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NUMBER 13-08-00557-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN RE THE STATE OF TEXAS AND JERRY PATTERSON, INDIVIDUALLY AND AS COMMISSIONER OF THE TEXAS GENERAL LAND OFFICE On Petition for Writ of Mandamus. MEMORANDUM OPINION Before Justices Yañez, Garza, and Vela Per Curiam Memorandum Opinion1 Relators, the State of Texas and Jerry Patterson, individually and as Commissioner of the Texas General Land Office, filed a petition for writ of mandamus in the above cause on September 30, 2008, arguing that the trial court abused its discretion in refusing to quash the deposition of Jerry Patterson based on the apex doctrine. See Crown Cent. Petroleum Corp. v. Garcia, 904 S.W.2d 125, 128 (Tex. 1995) (orig. proceeding); see also 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). In re Alcatel USA, Inc., 11 S.W.3d 173, 175 (Tex. 2000) (orig. proceeding). The Court requested and received a response from the real parties in interest, Balli Minerals & Royalty, LLC, and Abogado Minerals, LP. See TEX . R. APP. P. 52.4. Real parties in interest, PI Corporation and Windward Oil & Gas Corporation, did not file a response to the petition for writ of mandamus. 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 petition for writ of mandamus is DENIED. See TEX . R. APP. P. 52.8(a). PER CURIAM Memorandum Opinion delivered and filed this 24th day of October, 2008. 2
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