In re Ruth Torres

Summary

The Dallas Court of Appeals conditionally granted in part Ruth Torres’s petition for writs of mandamus, prohibition, and injunction. The court directed the trial court to rule on Torres’s second motion to strike or reconsider orders, which had been pending for more than eighteen months, and denied all other requested relief.

Holdings

1. Mandamus relief is warranted when a properly filed motion has been pending for an unreasonably long period, the relator requested a ruling, and the trial court has refused to rule. Torres established these circumstances because her motion had been pending and under advisement for more than eighteen months, she requested a ruling, and the trial judge had expressly stated that he would rule.
2. Torres did not demonstrate entitlement to the other relief requested in the petition, so those requests were denied.

Questions Presented

1. Whether the trial court's failure to rule for more than eighteen months on Torres's properly filed and argued second motion to strike or reconsider orders warranted mandamus relief.
2. Whether Torres was entitled to mandamus, prohibition, or injunctive relief concerning prior trial-court orders, the alleged constitutional disqualification of Justice Goldstein, appointment of counsel, contempt, privileged communications, alleged ex parte communications, default, and related matters.

Disposition

writ_granted