In Re: Loyd Tom Logan, Jr.--Appeal from of County

6-96-028-CV Long Trusts v. Dowd In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-02-00188-CV
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IN RE: LOYD TOM LOGAN, JR.
Original Mandamus Proceeding
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION

Loyd Tom Logan, Jr., has filed a petition for writ of mandamus in which he asks this Court to order the Honorable Danny Crooks to rule on his motion for removal of a temporary executrix in connection with the estate of his father.

A trial court is required to consider and rule on a motion within a reasonable time. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.-Houston [1st Dist.] 1992, orig. proceeding); Kissam v. Williamson, 545 S.W.2d 265, 266-67 (Tex. Civ. App.-Tyler 1976, 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." Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex. App.-San Antonio 1997, orig. proceeding); see also Eli Lilly & Co. v. Marshall, 829 S.W.2d 157, 158 (Tex. 1992) (holding trial court abused its discretion by refusing to conduct hearing and render decision on motion); Chiles v. Schuble, 788 S.W.2d 205, 207 (Tex. App.-Houston [14th Dist.] 1990, orig. proceeding) (finding mandamus appropriate to require trial court to hold hearing and exercise discretion).

We have received documentation reflecting the court has now ruled on Logan's motion. Accordingly, Logan has received all the relief requested. The petition is therefore moot.

The petition is dismissed as moot.

 

Jack Carter

Justice

Date Submitted: February 10, 2003

Date Decided: February 11, 2003