In re Edward D. Miller--Appeal from 175th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00861-CV

IN RE Edward D. MILLER

Original Mandamus Proceeding //

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Karen Angelini, Justice

Delivered and Filed: December 7, 2005

PETITION FOR WRIT OF MANDAMUS DENIED

Edward D. Miller has filed a petition for writ of mandamus seeking relief from the trial court s failure to rule on various motions he has filed in the underlying criminal matter. 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. Numerous factors are influential in determining whether a motion has been pending for an unreasonable amount of time, including the trial court s actual knowledge of the pending motion, its overt refusal to act on same, the state of the court s docket, and the court s inherent power to control its own docket. In re Bates, 65 S.W.3d 133, 135 (Tex. App. Amarillo 2001, orig. proceeding). The relator has the 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).

Miller has not provided this court with copies of his motions, a copy of the trial court s docket, or any other proof that he filed these motions, that they are pending before the trial court, and that the trial court had actual knowledge of them. Because Miller 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 a sufficient record upon which mandamus relief may be granted. Accordingly, Miller s petition for writ of mandamus is denied.

PER CURIAM