IN RE: CHRISTINE FRANKS--Appeal from 329th District Court of Wharton County

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NUMBER 13-08-567-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN RE CHRISTINE FRANKS On Petition for Writ of Mandamus MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Benavides Memorandum Opinion Per Curiam1 Relator, Christine Franks, filed a petition for writ of mandamus in the above cause on October 3, 2008. The Court requested a response from the real parties in interest, and one was received from real party in interest, Carol Thompson. Mandamus relief is proper only to correct a clear abuse of discretion when there is no adequate remedy by appeal. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). The relator has the burden of establishing both prerequisites to mandamus relief. In re CSX Corp., 124 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). S.W.3d 149, 151 (Tex. 2003) (orig. proceeding). This burden is a heavy one. See In re Epic Holdings, Inc., 985 S.W.2d 41 (Tex. 1998). The Court, having examined and fully considered the petition for writ of mandamus and the response thereto, is of the opinion that relator has not shown herself entitled to the relief sought. See Prudential Ins. Co. of Am., 148 S.W.3d at 135-36; see also LeJune v. Pow-Sang, No. 01-04-00843-CV, 2006 Tex. App. LEXIS 2740, at *10-17 (Tex. App. Houston [1st Dist.] 2006, no pet.) (mem. op.), disapproved on other grounds by In re Lynd Co., 195 S.W.3d 682 (Tex. 2006). 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 10th day of November, 2008. 2

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