in Re Jerel Smith
This text of in Re Jerel Smith (in Re Jerel Smith) 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. 03-21-00188-CV
In re Jerel Smith
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relator Jerel Smith has filed a petition for writ of mandamus complaining of the
trial court’s failure to rule on his petition pending in the district court. In such situations, a
relator must establish the following to obtain relief: (1) the request was properly filed and
had been pending for a reasonable time; (2) the relator brought the request to the Court’s
attention or otherwise requested a ruling on the motion; and (3) the trial court refused to rule.
See, e.g., In re Douglas, No. 03-20-00589-CV, 2020 WL 7640147, at *1 (Tex. App.—Austin
Dec. 23, 2020, no pet.).
On this record, having reviewed the relator’s petition for writ of mandamus, we
deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).
__________________________________________ Chari L. Kelly, Justice
Before Justices Goodwin, Triana, and Kelly
Filed: May 5, 2021
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