Court of Civil Appeals of Texas, 2023

In Re Patrick Earl Tarkington v. the State of Texas

In Re Patrick Earl Tarkington v. the State of Texas
Court of Civil Appeals of Texas · Decided July 13, 2023

In Re Patrick Earl Tarkington v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00305-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 set for hearing his plea to the jurisdiction. Having reviewed the petition and the record provided, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a); see also Tex. R. App. P. 52.7(a); In re Smith, No. 03-14-00478-CV, 2014 WL 4079922, at *2 (Tex. App.—Austin Aug. 13, 2014, orig. proceeding) (denying mandamus relief when relator failed to provide sufficient record from which to evaluate claim for mandamus relief); In re Halley, No. 03-15-00310-CV, 2015 WL 4448831, at *2 (Tex. App.—Austin July 14, 2015) (orig. proceeding) (concluding that a six-month delay did not constitute an unreasonable length of time under “failure to rule” analysis).

__________________________________________ Edward Smith, Justice Before Chief Justice Byrne, Justices Baker and Smith Filed: July 13, 2023

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