Opinion
No. 05-16-00030-CV
01-15-2016
IN RE DONALD DAVIS, Relator
Original Proceeding from the 95th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-15-07331
MEMORANDUM OPINION
Before Justices Lang-Miers, Evans, and Whitehill
Opinion by Justice Lang-Miers
In this petition for writ of mandamus relator complains that the trial court has not ruled on his motion for default judgment. Relator's petition is not accompanied by an appendix or mandamus record as required by rule 52.3(k) and 52.7 of the Texas Rules of Appellate Procedure and is not certified as required by rule 52.3(j). Although these deficiencies alone constitute sufficient reason to deny mandamus relief, in the interest of judicial economy we address the petition.
A trial court abuses its discretion when it fails to rule on pretrial motions that have been properly presented to it within a reasonable time. In re Amir-Sharif, 357 S.W.3d 180, 181 (Tex. App.—Dallas 2012, orig. proceeding). No litigant is entitled to a hearing at whatever time he may choose, however. In re Chavez, 62 S.W.3d 225, 229 (Tex. App.—Amarillo 2001, orig. proceeding). A trial court has a reasonable time within which to consider a motion and to rule. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding). The circumstances of the case dictate whether the trial court has ruled within a reasonable time. Barnes, 832 S.W.2d at 426. Many factors determine whether a trial court has ruled within a reasonable time. Among these are "the trial court's actual knowledge of the motion, whether its refusal to act is overt, the state of the court's docket, and the existence of other judicial and administrative matters which must be addressed first." Chavez, 62 S.W.3d at 228-29. Nothing in the petition or record suggests that the trial court has failed to act on relator's motion for default judgment within a reasonable time nor is there any basis in the petition or record for concluding that relator would be entitled to judgment by default were the trial court to address the motion.
We deny the petition.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE 160030F.P05