in Re Mark Anthony Parmer

• Court: Court of Appeals of Texas
• Decided: September 25, 2008
• Docket: 14-08-00856-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied, and Motion for Leave to File Application for Writ of Mandamus Denied as Moot, and Memorandum Opinion filed September 25, 2008

Petition for Writ of Mandamus Denied, and Motion for Leave to File Application for Writ of Mandamus Denied as Moot, and Memorandum Opinion filed September 25, 2008.

In The

Fourteenth Court of Appeals

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NO. 14-08-00856 -CV

IN RE MARK ANTHONY PARMER, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On September 8, 2008, relator Mark Anthony Parmer filed a petition for writ of mandamus in which he asks that we instruct the respondent^[1] to rule on relator=s request for disclosure of grand jury records.  Relator has failed to file a sworn mandamus record.  See Tex. R. App. P. 52.7.  In addition, relator=s unsigned certificate of service does not demonstrate that the mandamus petition was served upon either the trial court or the State of Texas.  See Tex. R. App. P. 9.5.  We deny the petition for writ of mandamus.

Because the act of considering and ruling upon a properly-filed and pending motion is not discretionary, mandamus may issue to compel a trial court to act.  See Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex. App.CSan Antonio 1997, orig. proceeding).  However, a trial court has a reasonable time to perform the ministerial duty of considering and ruling on a matter that was properly filed and before the court.  See In re Chavez, 62 S.W.3d 225, 228 (Tex. App.CAmarillo 2001, orig. proceeding).  There is no bright line that defines the boundaries of what may be considered reasonable, and that determination depends upon the particular circumstances of the case.  See id.

The absence of a mandamus record prevents us from evaluating the circumstances of this case and the merits of relator=s complaints.  See Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.CHouston [1st Dist.] 1992, orig. proceeding).  To demonstrate his entitlement to mandamus relief, relator must provide us with evidence against which we may test the reasonableness of the trial court=s alleged delay.  See Chavez, 62 S.W.3d at 229.  He has failed to do so.

We conclude that relator has not established his entitlement to the extraordinary relief of a writ of mandamus.  Accordingly, we deny the petition for writ of mandamus in case number 14-08-00856-CV.  We further deny as moot relator=s motion for leave to file his mandamus petition.  See Tex. R. App. P. 52 & cmt.

PER CURIAM

Petition Denied, and Motion for Leave to File Application for Writ of Mandamus Denied as Moot, and Memorandum Opinion filed, September 25, 2008.

Panel consists of Justices Yates, Seymore, and Boyce.

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            ^[1]           Respondent is the Honorable Brady G. Elliott, presiding judge of the 268th Judicial District Court of Fort Bend County, Texas.