In re Michael Kennedy--Appeal from 218th Judicial District Court of Karnes County

MEMORANDUM OPINION

No. 04-05-00537-CV

IN RE Michael KENNEDY

Original Mandamus Proceeding //

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: August 10, 2005

PETITION FOR WRIT OF MANDAMUS DENIED

Michael Kennedy seeks mandamus relief from the trial court s failure to set various causes for trial in response to his motions. Kennedy states in his petition that he has filed four motions requesting a trial setting. Attached to Kennedy s petition is one copy of a motion requesting a trial setting that is not file-stamped. A myriad of factors are influential in determining whether the trial court has unnecessarily delayed a ruling on a motion, 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 167, 168 (Tex. App. San Antonio 2004, orig. proceeding). Kennedy has failed to satisfy this burden. Accordingly, Kennedy s petition is denied without prejudice to Kennedy s right to refile a petition with a sufficient record to establish his entitlement to relief.

PER CURIAM