Court of Civil Appeals of Texas, 2022

in Re Patrick Earl Tarkington

in Re Patrick Earl Tarkington
Court of Civil Appeals of Texas · Decided May 12, 2022

in Re Patrick Earl Tarkington

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00249-CV

In re Patrick Earl Tarkington

ORIGINAL PROCEEDING FROM COMAL COUNTY

MEMORANDUM OPINION

Relator has filed a petition for writ of mandamus complaining of the trial court's failure to rule on a pro se request filed on February 7, 2022. Although mandamus relief is generally available when the trial court has failed to rule on a properly filed request within a reasonable length of time, a delay of three months is not unreasonable. See In re Whitfield, No. 03-18-00564-CV, 2018 WL 4140735, at *1 (Tex. App.—Austin Aug. 29, 2018, orig. proceeding). Accordingly, we deny the petition for writ of mandamus.

__________________________________________ Edward Smith, Justice Before Chief Justice Byrne, Justices Kelly and Smith Filed: May 12, 2022

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