NO. 07-10-00217-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JUNE 24, 2010
In re LUIS S. LAGAITE, JR.,
Relator
On Petition for Writ of
Mandamus
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Pending before the court is the application of Luis S. Lagaite, Jr., for a writ of
mandamus. Though it is not clear what is sought, we interpret the petition as a request
for us to order the Honorable Ana Estevez, 251st District Court, to try a lawsuit styled
Lagaite v. Boland, No. 97-061-CV. We deny the petition for the following reasons.
First, the document fails to comport with the requirements of Texas Rule of
Appellate Procedure 52.3(j). That is, Lagaite did not certify that he reviewed the petition
and concluded that every factual allegation in it is supported by competent evidence.
Second, while the duty to act upon matters filed with it may be ministerial, the
trial court has a reasonable time to do so. In re Bates, 65 S.W.3d 133, 134-35 (Tex.
App.–Amarillo 2001, orig. proceeding). Whether such a period has been exceeded
depends on various factors, as explained in In re Bates. Moreover, the burden lies with
Lagaite to prove that an unreasonable amount of time has lapsed by addressing those
factors. Id. He has not attempted to do so here.
Accordingly, we deny the petition.
Per Curiam
2