In re Alexvenskee L. Brown--Appeal from County Court at Law No 7 of Bexar County

MEMORANDUM OPINION

No. 04-05-00470-CV

IN RE Alexvenskee L. BROWN

Original Mandamus Proceeding //

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: July 27, 2005

PETITION FOR WRIT OF MANDAMUS DENIED

Alexvenskee L. Brown seeks mandamus relief from the trial court s failure to rule on his motion to dismiss counsel. A trial court is required to consider and rule upon a motion within a reasonable time. In re Mendoza, 131 S.W.3d 167, 167 (Tex. App. San Antonio 2004, orig. proceeding). A myriad of factors are influential in determining whether the trial court has unnecessarily delayed a ruling, including the trial court s actual knowledge of the motion, its overt refusal to act on same, the state of the court s docket, the court s inherent power to control its docket, and the existence of other judicial and administrative matters which must be addressed. In re Bates, 65 S.W.3d 133, 135 (Tex. App. Amarillo 2001, orig. proceeding). The relator has the burden of providing a record establishing that his motion has awaited disposition for an unreasonable time. In re Mendoza, 131 S.W.3d at 168. In this case, Brown has not presented a record establishing the date the motion to dismiss was filed, the trial court s actual knowledge of the motion, or the state of the trial court s docket. In re Bates, 65 S.W.3d at 135. Accordingly, Brown s petition for writ of mandamus is denied.

PER CURIAM