(Download) "In Re Mendoza" by The Court of Appeals of the Fourth District of Texas * Book PDF Kindle ePub Free
eBook details
- Title: In Re Mendoza
- Author : The Court of Appeals of the Fourth District of Texas
- Release Date : January 14, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
On December 18, 2003, relator filed a petition for writ of mandamus, asking this court to order the trial court to rule on his application for writ of habeas corpus bail pending appeal. A trial court is required to consider and rule upon a motion within a reasonable time. Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex. App.--San Antonio 1997, orig. proceeding). When a motion is properly filed and pending before a trial court, the act of giving consideration to and ruling upon that motion is a ministerial act, and mandamus may issue to compel the trial judge to act. Id. However, the trial court has a reasonable time within which to perform this ministerial duty. Id. Accordingly, if a court unnecessarily delays ruling, mandamus will lie in appropriate situations. Here, relator has not provided this court with copies of his applications for a writ of habeas corpus, a copy of the trial courts docket, or any other proof that these applications are pending before the trial court. It is the relators burden to provide this court with a record sufficient to establish his right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); Tex. R. App. P. 52.3(j), 52.7(a).