IN RE: EDUARDO RODRIGUEZ--Appeal from 404th District Court of Cameron County

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NUMBER 13-08-00411-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN RE: EDUARDO RODRIGUEZ On Petition for Writ of Mandamus MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam Relator, Eduardo Rodriguez, filed a petition for writ of mandamus with this Court on June 26, 2008. The Court ordered the real parties in interest, Juan Guajardo, Jr., Individually, and J. Guajardo, Jr. Farms, Inc., to file a response to relator s petition for writ of mandamus on or before the expiration of ten days from the date of the order. See TEX . R. APP. P. 52.8(b). Such response was duly filed. Relator has now filed a motion to dismiss the petition for writ of mandamus. The Court, having examined and fully considered the motion to dismiss, is of the opinion that said motion should be granted. Accordingly, the motion to dismiss is hereby GRANTED and this original proceeding is DISMISSED without reference to the merits. PER CURIAM Valdez, C.J., not participating. Memorandum Opinion delivered and filed this the 21th day of November, 2008. 2

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