In re Dwight McDuffie

Summary

The Ninth District Court of Appeals of Texas denied Dwight McDuffie's petition for writ of mandamus seeking to compel the trial court to rule on his motion for summary judgment. The court held that McDuffie failed to show that he had brought the motion to the trial court's attention and requested a hearing and ruling.

Holdings

1. A relator seeking to compel a ruling must show that, after filing the motion, he asked the trial court for a hearing and ruling and that the trial court refused to act; filing the motion with the clerk alone is insufficient.
2. A trial court is required to consider and rule on a motion within a reasonable time, with reasonableness determined by the circumstances of the case.

Questions Presented

1. Whether McDuffie established entitlement to mandamus relief compelling the trial court to rule on his motion for summary judgment.
2. Whether filing a motion with the district clerk, without proof that the motion was brought to the trial court's attention and presented with a request for a ruling, is sufficient to establish that the trial court refused to rule.

Disposition

writ_denied