in Re Michael McGoldrick

• Court: Court of Appeals of Texas
• Decided: January 26, 2012
• Docket: 03-11-00818-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-11-00818-CV

In re Michael McGoldrick

ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY M E M O R A N D U M O P I N I O N

Relator Michael McGoldrick seeks to compel the trial court to rule on his motion to obtain trial transcripts. McGoldrick has not provided us with a record to establish that he ever presented such a motion to the trial court. See Tex. R. App. P. 52.7 (requiring relator to file certified or sworn copy of every document material to claim for relief). A trial court has a ministerial duty to consider and rule on motions properly filed and pending before it within a reasonable time. See In re Layton, 257 S.W.3d 794, 795 (Tex. App.--Amarillo 2008, no pet.). However, in order to obtain mandamus relief compelling the trial court to act on a motion, a relator must show that a motion was actually brought to the trial court's attention or presented for a ruling. See id.; Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.--Houston [1st Dist.] 1992, no pet.). The relator has the burden of providing a record establishing his right to mandamus relief. In re Mendoza, 131 S.W.3d 167, 168 (Tex. App.--San Antonio 2004, orig. proceeding). Because McGoldrick has not provided a record supporting his claim to mandamus relief, the petition for writ of mandamus is denied without prejudice. See Tex. R. App. P. 52.8(a).

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Diane M. Henson, Justice

Before Justices Puryear, Henson and Goodwin

Filed: January 26. 2012