In re Hal Von Luebbert

Summary

The Seventh Court of Appeals of Texas denied Hal Von Luebbert’s petition for a writ of mandamus seeking to compel the County Court at Law No. 3 of Lubbock County to rule on his motion for summary judgment and other pending motions. The court held that the delay was not unreasonable and that Relator failed to establish the trial court’s refusal to act or provide copies of the motions as required by Texas Rule of Appellate Procedure 52.3(l).

Holdings

1. Considering and ruling on a properly pending motion is a ministerial act, but the trial court has a reasonable time to perform that duty.
2. A delay of slightly more than two and a half months, without proof of an overt refusal to act, was not shown to be unreasonable or to constitute an abuse of discretion.
3. The relator did not establish entitlement to mandamus relief because he failed to prove an abuse of discretion, an unreasonable delay or refusal to act, and compliance with the requirement to provide relevant motion copies.

Questions Presented

1. Whether the trial court's failure to rule on the relator's motion for summary judgment after approximately two and a half months constituted an abuse of discretion remediable by mandamus.
2. Whether the relator established the elements necessary to compel a ministerial act, including a legal duty, demand, and refusal to act.
3. Whether the relator was entitled to mandamus relief concerning other pending motions or a stay of the trial date when he did not provide copies of the motions.

Disposition

writ_denied