Opinion
No. 04-05-00195-CV
Delivered and Filed: April 13, 2005.
This proceeding arises out of Cause No. 1998-CR-6320, styled Edward M. Johnson v. The State of Texas, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Mark Luitjen presiding.
Petition for Writ of Mandamus Denied.
Sitting: Catherine STONE, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
Relator Edward M. Johnson has filed a petition for writ of mandamus, complaining that the trial court has failed to rule upon filed motions in a timely manner.
A trial judge has a legal, nondiscretionary duty to consider and rule on properly filed motions within a reasonable time. In re Ramirez, 994 S.W.2d 682, 683 (Tex.App.-San Antonio 1998, orig. proceeding). However, a trial judge abuses his discretion only if the motion has been brought to his attention and he refuses to rule on it within a reasonable time. Barnes v. State, 832 S.W.2d 424, 426 (Tex.App.-Houston [1st Dist.] 1992, orig. proceeding); see also In re Chavez, 62 S.W.3d 225, 228 (Tex.App.-Amarillo 2001, orig. proceeding).
There is no indication in the mandamus petition or record that, after filing the motions with the district clerk, Johnson asked the trial court to rule on the motions or otherwise did anything to bring the motions to the trial court's attention. Accordingly, Johnson has failed to show an abuse of discretion by the trial court. See Chavez, 62 S.W.3d at 228; Barnes, 832 S.W.2d at 424. Therefore, the petition is denied. Tex.R.App.P. 52.8(a).