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
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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.
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