In re Juan Ramon, Jr. (One Hundred-Forty Eight Dollars)--Appeal from 226th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-07-00125-CV

IN RE JUAN RAMON, Jr. (One Hundred Forty-Eight Dollars)

PER CURIAM

Sitting: Catherine Stone, Justice

Sandee Bryan Marion, Justice

Rebecca Simmons, Justice

Delivered and Filed: March 7, 2007

PETITION FOR WRIT OF MANDAMUS DENIED

On February 21, 2007, relator filed a petition for writ of mandamus, asking this court to order the trial court to rule on his Motion For Order To Require State To Return Seized Property. Relator contends he first filed his motion on September 21, 2006, and a second motion on November 29, 2006. A trial court is required to consider and rule upon a motion within a reasonable time. Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex. App.--San Antonio 1997, orig. proceeding). When a motion is properly filed and pending before a trial court, the act of giving consideration to and ruling upon that motion is a ministerial act, and mandamus may issue to compel the trial judge to act. Id. However, the trial court has a reasonable time within which to perform this ministerial duty. Id. Accordingly, if a court unnecessarily delays ruling, mandamus will lie in appropriate situations. Here, relator has provided this court with a copy of one of the motions he alleges he filed. However, relator has not provided this court with a copy of the trial court's docket or any other proof that he filed these motions and that they are pending before the trial court. It is the relator's burden to provide this court with a record sufficient to establish his right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); Tex. R. App. P. 52.3(j), 52.7(a).

Because relator has not met his burden of providing a record establishing that a properly filed motion has awaited disposition for an unreasonable time, he has not provided the court with grounds to usurp the trial court's inherent authority to control its own docket. Therefore, this court has determined that relator is not entitled to the relief sought, and the petition is DENIED. Tex. R. App. P. 52.8(a).

PER CURIAM

1. This proceeding arises out of Cause Nos. 2005-CR-2950 and 2005-CR 2949, styled One Hundred Forty-Eight Dollars, Juan Ramon, Jr., filed in the 226th Judicial District Court, Bexar County, Texas.