In Re Birdwell

TOM GRAY, Chief Justice concurring on rehearing.

Watch closely. The majority uses the word “deny” to rule on the petition for mandamus. But that is not what they are really doing.

Read closely. The “Duty to Rule” section has nothing to do with the majority’s reason for denial of the petition. If you stopped reading there, or even at the end of the first paragraph under the “Petition for Writ of Mandamus,” most readers would predict that the majority was going to issue the mandamus and compel the trial court to rule on the motion.

Read more closely. The stated reason for the denial has nothing to…