in Re Author Manning
This text of in Re Author Manning (in Re Author Manning) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00226-CV
In re Author Manning
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relator has filed a document, which we treat as a petition for writ of mandamus
based on the substance of his filing, complaining of the trial court’s failure to rule on his pro se
motion filed within the last month. See Tex. R. App. P. 52.8(a); see also Surgitek, Bristol-Myers
Corp. v. Abel, 997 S.W.2d 598, 601 (Tex. 1999) (considering the substance of pleading rather
than form or caption to determine its nature). Although mandamus relief is generally available
when the trial court has failed to rule on a properly filed motion within a reasonable length of
time, a delay of less than one month 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.
__________________________________________ Darlene Byrne, Chief Justice
Before Chief Justice Byrne, Justices Kelly and Smith
Filed: April 29, 2022
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