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In re Badall

Court of Appeals of Texas, Ninth District, Beaumont
Feb 10, 2011
No. 09-10-00459-CV (Tex. App. Feb. 10, 2011)

Opinion

No. 09-10-00459-CV

Submitted on November 24, 2010.

Opinion Delivered February 10, 2011.

Original Proceeding.

Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.


MEMORANDUM OPINION


Chrisondath Badall has filed a mandamus petition that seeks to compel the trial court to consider and rule upon motions that Badall has filed in a civil case. After Badall filed his petition for writ of mandamus, the trial court issued a bench warrant, conducted a hearing, and ruled on the motions mentioned in Badall's mandamus petition. Badall subsequently amended his petition for writ of mandamus to compel the successor judge to rule upon additional motions filed by Badall on December 16, 2010, and December 31, 2010. Badall has not shown that he is entitled to mandamus relief regarding the newly-filed motions. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004); In re Chavez, 62 S.W.3d 225, 228 (Tex. App.-Amarillo 2001, orig. proceeding) (A trial court has a reasonable time to perform the ministerial duty of considering and ruling on a matter properly filed and before the court.). The petition for writ of mandamus is therefore denied. See In re Markowitz, 998 S.W.2d 417, 418 (Tex. App.-Waco 1999, orig. proceeding); see also Tex. R. App. P. 52.8(a).

PETITION DENIED.


Summaries of

In re Badall

Court of Appeals of Texas, Ninth District, Beaumont
Feb 10, 2011
No. 09-10-00459-CV (Tex. App. Feb. 10, 2011)
Case details for

In re Badall

Case Details

Full title:IN RE CHRISONDATH BADALL

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Feb 10, 2011

Citations

No. 09-10-00459-CV (Tex. App. Feb. 10, 2011)