in Re James Green

• Court: Court of Appeals of Texas
• Decided: December 10, 2003
• Docket: 04-03-00855-CV
• Status: Published

Opinion

MEMORANDUM OPINION No. 04-03-00855-CV IN RE James GREEN Original Mandamus Proceeding ⁽¹⁾

PER CURIAM

Sitting: Alma L. López, Chief Justice

Karen Angelini, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: December 10, 2003

PETITION FOR WRIT OF MANDAMUS DENIED

Relator seeks mandamus relief based on the trial court's failure to rule on his motion requesting an examining trial. Relator has not provided this court with a sufficient record to show that the trial court had a ministerial duty to rule on relator's motion. See Tex. R. App. P. 52.7; see also Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex. App.--San Antonio 1997, orig. proceeding) (granting mandamus relief where record showed trial court had ministerial duty to rule). Accordingly, relator's petition for writ of mandamus is denied.

1. This proceeding arises out of Cause Nos. NM771142, NM771143, NM771144, NM771145 & NM771146, styled The State of Texas v. James Green, pending in the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid L. Harle presiding.