In re Tonkens

Full title: IN RE CANDACE TONKENS, DEPENDENT ADMINISTRATOR OF THE ESTATE OF AMY ANN…

Court: Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Sep 30, 2008

No. 13-08-00460-CV (Tex. App. Sep. 30, 2008)

Opinion

No. 13-08-00460-CV

Opinion delivered September 30, 2008.

Appeal from the 251st District Court of Potter County; No. 93,764-C; Hon. Ana Estevez, Presiding.

On Petition for Writ of Mandamus.

Before Chief Justice VALDEZ and Justices YAÑEZ and BENAVIDES0.

MEMORANDUM OPINION

PER CURIAM.[fn1] [fn1] See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).

Relator, Candace Tonkens, Dependent Administrator of the Estate of Amy Ann Conkey, Deceased, filed a petition for writ of mandamus in the above cause on July 31, 2008. On August 4, 2008, the Court entered an order requesting a response to be filed by the real party in interest, Duane Conkey in his Capacity as Administrator of the Estate of Raymond Conkey, Deceased. Subsequently, the real party in interest requested and received an extension of time to file his response, and such response was duly filed on August 29, 2008. On September 10, 2008, relator filed a reply to this response.

The Court, having examined and fully considered the petition for writ of mandamus, the response, and the reply thereto, is of the opinion that relator has not shown herself entitled to the relief sought. Accordingly, the petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8(a).