Opinion
No. 05-06-00758-CV
Opinion Nunc Pro Tunc issued June 28, 2006.
Original Proceeding from the County Court at Law No. 3, Dallas County, Texas, Trial Court Cause No. cc-03-01977-C.
Writ of Mandamus Denied.
Before Justices WHITTINGTON, FITZGERALD, and LANG-MIERS.
MEMORANDUM OPINION NUNC PRO TUNC
In this original mandamus proceeding, relator Georgia-Pacific Corporation contends the trial court clearly abused its discretion by refusing to grant a mistrial when a plaintiff and key witness, before cross-examination, became ill, received medical assistance in front of the jury, and died the next day. Relator contends that mandamus is proper to compel a ministerial act and that courts have a ministerial duty to consider and act upon properly filed motions brought to their attention. Relator acknowledges that the court has a reasonable time within which to act.
The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we cannot determine that, as a matter of law, the trial court has failed to act within a reasonable period of time. See Tex.R.App.P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-44 (Tex. 1992) (orig. proceeding). Accordingly, we DENY relator's petition for writ of mandamus.