                                      NUMBER 13-99-00741-CV

                                     COURT OF APPEALS

                        THIRTEENTH DISTRICT OF TEXAS

                           CORPUS CHRISTI - EDINBURG
____________________________________________________________

           IN RE SCI TEXAS FUNERAL SERVICES, INC.
____________________________________________________________

               On Petition for Writ of Mandamus.
____________________________________________________________

                                      MEMORANDUM OPINION

             Before Chief Justice Valdez and Justices Garza and Vela
                       Memorandum Opinion Per Curiam1

         On May 4, 2000, this Court abated this original proceeding pending action by the

trial court on a petition for bill of review. There was no further activity in this cause until

March 5, 2009, when this Court ordered the parties to file an advisory regarding the status

of the mandamus proceeding and, if applicable, a motion to reinstate or a motion to

dismiss. Relator has now filed a motion to dismiss this proceeding on grounds that it is

moot. More than ten days have passed and the real parties in interest have not filed a

response to the motion to dismiss.


         1
         See T EX . R . A PP . P . 5 2.8 (d ) (“W hen d enying relief, the court m ay h and d ow n a n o pinion b ut is
not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions).
       The Court, having examined and fully considered the petition for writ of mandamus

and the motion to dismiss, is of the opinion that relator has shown itself entitled to the relief

sought. Accordingly, the motion to dismiss is GRANTED, and the petition for writ of

mandamus is DISMISSED AS MOOT without reference to the merits.

       IT IS SO ORDERED.

                                                           PER CURIAM



Memorandum Opinion delivered and filed
this 23rd day of April, 2009.




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