In re Lisa Marie Clontz

Summary

The Texas First Court of Appeals denied a pro se petition for writ of mandamus seeking to compel the trial court to rule on motions to transfer venue and reinstate proceedings in a family-law case. The court held that the relator failed to show that the motions had been presented to or brought to the attention of the trial court, or that a demand for rulings had been made.

Holdings

1. A relator seeking mandamus relief based on a trial court's failure to perform a ministerial duty must establish that the trial court had a legal duty to perform a nondiscretionary act, was asked to perform it, and failed or refused to do so.
2. A file-stamped copy showing that a motion was filed with the court clerk does not prove that the motion was brought to the trial court's attention or presented with a request for a ruling.

Questions Presented

1. Whether Clontz established entitlement to mandamus relief compelling the trial court to rule on her motion to transfer venue and motion to reinstate.
2. Whether filing motions with the trial-court clerk, without proof that the motions were presented to or brought to the trial court's attention and accompanied by a demand for ruling, satisfies the requirements for mandamus relief.

Disposition

writ_denied