Opinion
No. 14-08-00856-CV
Opinion filed September 25, 2008.
Original Proceeding Writ of Mandamus.
Panel consists of Justices YATES, SEYMORE, and BOYCE.
MEMORANDUM OPINION
On September 8, 2008, relator Mark Anthony Parmer filed a petition for writ of mandamus in which he asks that we instruct the respondent to rule on relator's request for disclosure of grand jury records. Relator has failed to file a sworn mandamus record. See Tex. R. App. P. 52.7. In addition, relator's unsigned certificate of service does not demonstrate that the mandamus petition was served upon either the trial court or the State of Texas. See Tex. R. App. P. 9.5. We deny the petition for writ of mandamus.
Respondent is the Honorable Brady G. Elliott, presiding judge of the 268th Judicial District Court of Fort Bend County, Texas.
Because the act of considering and ruling upon a properly-filed and pending motion is not discretionary, mandamus may issue to compel a trial court to act. See Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex.App.-San Antonio 1997, orig. proceeding). However, a trial court has a reasonable time to perform the ministerial duty of considering and ruling on a matter that was properly filed and before the court. See In re Chavez, 62 S.W.3d 225, 228 (Tex.App.-Amarillo 2001, orig. proceeding). There is no bright line that defines the boundaries of what may be considered reasonable, and that determination depends upon the particular circumstances of the case. See id.
The absence of a mandamus record prevents us from evaluating the circumstances of this case and the merits of relator's complaints. See Barnes v. State, 832 S.W.2d 424, 426 (Tex.App.-Houston [1st Dist.] 1992, orig. proceeding). To demonstrate his entitlement to mandamus relief, relator must provide us with evidence against which we may test the reasonableness of the trial court's alleged delay. See Chavez, 62 S.W.3d at 229. He has failed to do so.
We conclude that relator has not established his entitlement to the extraordinary relief of a writ of mandamus. Accordingly, we deny the petition for writ of mandamus in case number 14-08-00856-CV. We further deny as moot relator's motion for leave to file his mandamus petition. See Tex. R. App. P. 52 cmt.