NO. 07-06-0453-CV IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL A DECEMBER 22 , 2006

______________________________ IN RE MIC HAEL LOU GARR ETT, RELATOR

_________________________________ Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ON PETITION FOR WRIT OF MANDAMUS Relator, Michael Lou Garrett, has filed a Petition for W rit of Mandamus seeking this court order the Hon orable John Board “to immediatel y perform his legal duty

of providing consideration , decision and ruling in t he matter of ‘Plai ntif f’ s Motion for a Tempo rary Restraining Order and Pr eliminary Injunction’ . . . .” The moti on, which relator pur ports was f iled in cause number 94,426-B on September 19, 2006, requ ests the tri al court res trai n pri son officials from “de priving plaintiff of indigent supplies n eeded and necess ary fo r processing this law

suit to tri al . . . .” Garrett contends that he is entitled to relief because the trial court has “r

efused to act” on hi s motion. We deny the petiti on.
Atrial cour

t has a ministe rial duty

to consider and rule on motion s properly filed and pending befor e the court and mandamus may issue to compel the judg e to act. Saf etyKleen Corp. v. Garcia , 945 S.W.2d 268, 269 (Tex.App.–S an A ntonio 1997, o rig.1 Relator contends that

he “duly served” a Demand for Performance of Legal Duty upon the trial court. However, none of the documents prov ided by rel ator wit h his petiti on for writ of mandamus provide an y evid ence that this d emand was actua lly bro ught to the trial court’s attention. See In re Posey , No. 07-03-05 18-CV, 2004 Tex .App. LEXIS 695, at *1-*2 (Tex.App.–Amarillo 2004 , orig. proceeding). 2 procee ding) ( citing O’Donniley v. Golden , 860 S.W.2d 267, 269-70 (Tex.App.–Ty ler 1993, orig. proceeding). However, the trial court is afforded a re asonabl e time in whic h to perform this ministerial duty. Barnes v. State , 832 S.W.2d 424, 426 (Tex.App.–Hous ton [1 st Dist.] 1992, orig. pr oceeding). To establish ent itlement to mandamus relief for a t rial court’s failure to cons ider and rule on a motion, the relator mu st establish that the trial court had a legal duty to perform a non-d isc retionary act, was asked to perform the act, and failed or refused to do so wit hin a reasonabl e time. In re Chav ez , 62 S.W.3d 225, 228 (Tex.App.–Amarillo 2001, orig. proceeding). W hile the documents relato r attached to his petition fail to establi sh that relator ’s motion was brought tothe attention of thetrial court, 1
we will review

the merits of

relator’s petition in t he interest of ju dicial economy

. See Woods v. Alvarez , 925 S.W .2d 119, 121 (Tex.App. –Corpus Christi 1996, orig. proceeding).
Relator contends that, becau se he has an appeal pen ding in this court, his request for mandamus relief is

not rendered moot because the al leged depri vation of indi gent supplies threatens hisability to prosecute the pending appeal. However, relator requests mandamus relief relat ing to the motion he filed in the trial court. A final judgmen t renders the granting or denial of a moti on for temporary injunction moot

. See Pintail Prod . Co. v. Osprey Petroleum Co. , No. 13-06-06 9-CV, 2006 Tex .App. LE XIS 3154, at *3-*4 (Tex.App.–Cor pus Christi April 20, 2006, orig . proceeding ) (mem. op.). Thus, we conc lude3

thatmandamus relief rel ating to a trial court’ s grant or denial of temporar

y injunct ive rel ief is unavail able after entry of final judgment.
Fina lly, mandamus relief is unavailabl e when adequ a te r emedies are available at law. Walker v. Packer , 827 S.W .2d 833, 839 (Tex. 1992 ). Because the trial court’s entry of final judgment eff ectively denied relator’s motion for injunctive relief, relato r may obtain redress by way

of ordinary appeal and, as a result, is not entitled tomandamus relief. See Sikh Ctr. o f Gu lf Co ast A rea v. Chambers , No. 01-89-01 165-CV, 1990 Tex.App. LEX IS 46, at *2 (Tex.App .–Houston [1 st Dist.] January 8, 1990, no writ) (mem. op.). Accordingly, we deny relator’s petition for writ of mandamus.

Mackey K. Hancock Justice