LABOR READY CENTRAL III, L.P. AND LUIS TREVINO v. DIANA GONZALEZ--Appeal from County Court at Law No 3 of Nueces County

State: Texas

Court: Texas Northern District Court

Docket No: 13-01-00457-CV

Case Date: 11/29/2001

Plaintiff: John P. Devine

Defendant: American Express Centurion Bank--Appeal from 9th District Court of Montgomery County

Preview:NO. 07-06-0453-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A DECEMBER 22, 2006 ______________________________ IN RE MICHAEL LOU GARRETT, RELATOR _________________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ON PETITION FOR WRIT OF MANDAMUS

Relator, Michael Lou Garrett, has filed a Petition for Writ of Mandamus seeking this court order the Honorable John Board "to immediately perform his legal duty of providing consideration, decision and ruling in the matter of `Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction' . . . ." The motion, which relator purports was filed in cause number 94,426-B on September 19, 2006, requests the trial court restrain prison officials from "depriving plaintiff of indigent supplies needed and necessary for processing this lawsuit to trial . . . ." Garrett contends that he is entitled to relief because the trial court has "refused to act" on his motion. We deny the petition.

A trial court has a ministerial duty to consider and rule on motions properly filed and pending before the court and mandamus may issue to compel the judge to act. SafetyKleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex.App.

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