in Re Ethan Todd Stewart

• Court: Court of Appeals of Texas
• Decided: October 8, 2020
• Docket: 09-20-00217-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-20-00217-CV __________________

IN RE ETHAN TODD STEWART __________________________________________________________________

Original Proceeding 435th District Court of Montgomery County, Texas Trial Cause No. 19-06-08032 __________________________________________________________________

MEMORANDUM OPINION

In a petition for a writ of mandamus, Ethan Todd Stewart seeks to compel the

trial court to rule on his challenge to the constitutionality of Chapter 841of the Texas

Health and Safety Code. 1 Generally, trial courts have a ministerial duty to consider

and rule on matters before them within a reasonable time.2 But here, Stewart never

served the petition he filed on the defendant, so the trial court had no duty to consider

his claims challenging the validity of the statute he wanted the court to overturn.

1 See generally Tex. Health & Safety Code Ann. §§ 841.001-.153 (West & Supp. 2019). 2 See Eli Lilly & Co. v. Marshall, 829 S.W.2d 157, 158 (Tex. 1992) (orig. proceeding) (mandamus conditionally granted to compel trial court to conduct a hearing). 1 The documents Stewart filed with the petition for mandamus fail to show that

he either requested or obtained service on the State of Texas, the defendant that he

sued.3 Without service of process, the trial court had no ministerial duty to consider

the claims Stewart is complaining about on appeal, the alleged unconstitutionality

of the statute that governs sexually violent predators. 4 For that reason, the trial court

did not abuse its discretion by failing to conduct a hearing on Stewart’s claims.

Because Stewart’s petition for mandamus lacks merit, it is denied.

PETITION DENIED.

PER CURIAM

Submitted on October 7, 2020 Opinion Delivered October 8, 2020

Before Kreger, Horton and Johnson, JJ.

3 See Tex. R. Civ. P. 99, 106. 4 See In re Wigley, No. 14-19-00749-CV, 2019 WL 5078650, at *2 (Tex. App.—Houston [14th Dist.] Oct. 10, 2019, orig. proceeding) (mem. op.) (Denying mandamus relief where the relator failed to show that he strictly complied with the rules governing citation.). 2