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Click here for the full text of this decision FACTS:Michael Lou Garrett petitions for a writ of mandamus asking the court to order the trial judge to immediately act upon his motion to rehear and/or reconsider the court’s order dismissing his civil suit as frivolous. HOLDING:Denied. The court notes that the petition fails to conform with the applicable rules of procedure. While it may be that a trial court has the ministerial duty to act upon motions pending before it, authority accords it a reasonable time within which to act. In Re: Bates, 65 S.W.3d 133, 134-35 (Tex. App.-Amarillo 2001, orig. proc.). Whether that period lapsed depends upon the circumstances of each case. “Garrett does little else than insinuate that simply because the trial court acted immediately upon the State’s motion to dismiss, it was obligated to similarly rule upon his motion for rehearing. While he may so believe, we cannot so hold as a matter of law. This is especially true given that a trial judge has at least 75 days from the date a final order is signed to act upon a motion for new trial or a motion to modify a final order before the motion is overruled by operation of law.” Garrett also failed to illustrate that he had no adequate remedy at law, the court states. OPINION:Quinn, J.; Quinn, Reavis and Campbell, JJ.

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