in Re Caroline Durham and Barry Durham

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-09-00367-CV

In re Caroline Durham and Barry Durham

Original Proceeding

Order denying rehearing

Relators’ motion for rehearing is denied.  See In re Brumbalow, 281 S.W.3d 718, 719 (Tex. App.—Waco 2009, orig. proceeding) (trial judge has reasonable time to perform ministerial duty of considering and ruling on motion properly filed and before judge, but that duty generally does not arise until movant has brought motion to trial judge’s attention, and mandamus will not lie unless movant makes that showing and trial judge then fails or refuses to rule within reasonable time).

PER CURIAM

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

(Chief Justice Gray concurs in the denial of the motion for rehearing but does not join in the apparent limitation thereon to the decision cited in the Court’s order.  A separate opinion will not be issue.)

Motion for rehearing denied

Order issued and filed December 16, 2009

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ess determinations.

The trial court shall conduct the hearing within fourteen (14) days after the date of this order.  The trial court clerk and court reporter shall file supplemental records within twenty-eight (28) days after the date of this order.

PER CURIAM

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Appeal abated

Order issued and filed December 15, 2010

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