In re Baylor Medical Center at Garland

I recognize that there are conceptual and practical difficulties with the holding of Porter v. Vick, 888 S.W.2d 789 (Tex.1994). But those are better addressed through the rule-making process than through the decision-making process. I would not overrule Porter, and thus dissent.

Until the 1981 amendments to the Rules of Civil Procedure became effective, former Rule 329b(3) provided that motions and amended motions for new trial must be determined “within not exceeding forty-five (45) days after the original or amended motion is filed,” unless the parties agreed otherwise in writing. Absent an…