in Re Eduardo A. Trevino

• Court: Court of Appeals of Texas
• Decided: March 17, 2015
• Docket: 04-15-00128-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas March 17, 2015

No. 04-15-00128-CR

IN RE Eduardo TREVINO

Original Mandamus Proceeding 1

ORDER

Sitting: Sandee Bryan Marion, Chief Justice Marialyn Barnard, Justice Patricia O. Alvarez, Justice

On March 9, 2015, relator Eduardo Trevino filed a petition for writ of mandamus complaining of the trial court’s failure to rule on a pending motion. Because it appears relator has attempted to file his motion and request a ruling, this court is of the opinion that a serious question concerning the mandamus relief sought requires further consideration. See TEX. R. APP. P. 52.8(b); see also In re Ramirez, 994 S.W.2d 682, 683 (Tex. App.—San Antonio 1998, orig. proceeding) (discussing trial court’s ministerial duty to give consideration to and rule upon a pending motion). The respondent and the real parties in interest may file a response to the petition in this court no later than April 7, 2015. Any such response must conform to Texas Rule of Appellate Procedure 52.4.

It is so ORDERED on March 17, 2015.

PER CURIAM

ATTESTED TO: _____________________________ Keith E. Hottle Clerk of Court

1 This proceeding arises out of Cause Nos. 1999CR4085, 1999CR6204, and 1999CR6205, each styled The State of Texas v. Eduardo Trevino, pending in the 144th Judicial District Court, Bexar County, Texas, the Lorina I. Rummel presiding.