In Re Bo Dresner v. the State of Texas
This text of In Re Bo Dresner v. the State of Texas (In Re Bo Dresner v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-23-00283-CV
In re Bo Dresner
ORIGINAL PROCEEDING FROM HAYS COUNTY
MEMORANDUM OPINION
Relator has filed a petition for writ of mandamus complaining of the trial court’s
failure to rule on or refer to the regional presiding judge relator’s May 5, 2023, motion to recuse.
Although mandamus relief is generally available when the trial court has failed to rule within a
reasonable length of time on a properly filed motion brought to the trial court’s attention, a delay
of less than three months is not unreasonable. See In re Whitfield, No. 03-18-00564-CV,
2018 WL 4140735, at *1 (Tex. App.—Austin Aug. 29, 2018, orig. proceeding). Accordingly,
we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).
__________________________________________ Edward Smith, Justice
Before Justices Baker, Smith, and Theofanis
Filed: July 13, 2023
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