In re Caroline Durham and Barry Durham--Appeal from County Court at Law of Ellis County
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IN THE
TENTH COURT OF APPEALS
No. 10-09-00367-CV
IN RE CAROLINE DURHAM AND BARRY DURHAM
Original Proceeding
ORDER DENYING REHEARING
Relators’ motion for rehearing is denied. See In re Brumbalow, 281 S.W.3d 718, 719
(Tex. App.—Waco 2009, orig. proceeding) (trial judge has reasonable time to perform
ministerial duty of considering and ruling on motion properly filed and before judge,
but that duty generally does not arise until movant has brought motion to trial judge’s
attention, and mandamus will not lie unless movant makes that showing and trial judge
then fails or refuses to rule within reasonable time).
PER CURIAM
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
(Chief Justice Gray concurs in the denial of the motion for rehearing but does not
join in the apparent limitation thereon to the decision cited in the Court’s order.
A separate opinion will not be issue.)
Motion for rehearing denied
Order issued and filed December 16, 2009
Do not publish
In re Durham
Page 2
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