Opinion
No. 04-03-00181-CV.
Delivered and Filed: March 19, 2003.
Original Mandamus Proceeding, Arising from the 218th Judicial District Court, Karnes County, Texas, Trial Court No. 02-03-00054-CVK, Honorable Stella Saxon, Judge Presiding.
Relator complains about the Honorable Ron Carr; however, the proper respondent is the Honorable Stella Saxon (permanent judge of the 218th District Court). See In re Acevedo, 956 S.W.2d 770, 770 n. 1 (Tex.App.-San Antonio 1997, orig. proceeding).
PETITION FOR WRIT OF MANDAMUS DENIED.
Sitting: Paul W. GREEN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
On March 7, 2003, relator filed a petition for writ of mandamus, asserting that the trial court has refused to rule on his application for temporary restraining order and temporary injunction. Attached to his petition for writ of mandamus is a file-stamped copy of his Original Complaint and Application for Temporary Restraining Order and Temporary Injunction.
A trial court is required to consider and rule upon a motion within a reasonable time. Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex.App.-San Antonio 1997, orig. proceeding). When a motion is properly filed and pending before a trial court, the act of giving consideration to and ruling upon that motion is a ministerial act, and mandamus may issue to compel the trial judge to act. Id. However, the trial court has a reasonable time within which to perform this ministerial duty. Id. A myriad of factors are influential, not the least of which are the trial court's actual knowledge of the motion, its overt refusal to act on same, the state of the court's docket, and the existence of other judicial and administrative matters which must be addressed first. In re Bates, 65 S.W.3d 133, 135 (Tex.App.-Amarillo 2001, orig. proceeding) So too must the trial court's inherent power to control its own docket be factored into the mix. Id. Because it is the burden of the party requesting mandamus relief to prove his entitlement to same, relator had the obligation to provide us with evidence of the foregoing indicia against which we could test the reasonableness of the respondent's supposed delay. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992).
Relator's complaint and application bear a file-stamped date of March 15, 2002. Although a one-year delay in ruling may be unreasonable, we have no evidence that the trial court has actual knowledge of relator's Application for Temporary Restraining Order and Temporary Injunction. Because relator has not met his burden of providing this court with a record sufficient to establish his right to relief, he is not entitled to the relief sought. Walker, 827 S.W.2d at 837; Tex.R.App.P. 52.7(a). Therefore, the petition is denied. Tex.R.App.P. 52.8(a).