In re James D. Henry--Appeal from 175th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00588-CV

IN RE James D. HENRY

Original Mandamus Proceeding //

PER CURIAM

Sitting: Karen Angelini, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: August 31, 2005

PETITION FOR WRIT OF MANDAMUS DENIED

On August 19, 2005, relator, James D. Henry, filed a petition for writ of mandamus, seeking to compel the Honorable Mary Rom n, presiding judge of the 175th Judicial District Court, Bexar County, Texas, to rule on over fifty motions he has filed in the trial court.

A trial judge has a legal, nondiscretionary duty to consider and rule on properly filed motions within a reasonable time. In re Ramirez, 994 S.W.2d 682, 683 (Tex. App. San Antonio 1998, orig. proceeding). However, a trial judge abuses her discretion only if the motion has been brought to her attention and she refuses to rule on it within a reasonable time. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App. Houston [1st Dist.] 1992, orig. proceeding); see also In re Chavez, 62 S.W.3d 225, 228 (Tex. App. Amarillo 2001, orig. proceeding).

There is no indication in the mandamus petition or record that, after filing the motion with the district clerk, Henry asked Judge Rom n to rule on the motion or otherwise did anything to bring the motion to Judge Rom n s attention. Accordingly, Henry has failed to show an abuse of discretion by the trial judge. See Chavez, 62 S.W.3d at 228; Barnes, 832 S.W.2d at 424. Therefore, the petition is denied. Tex. R. App. P. 52.8(a).

PER CURIAM