in Re Richard Scheller ( 2009 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-09-00683-CV
In re R. Wayne Johnson
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relator R. Wayne Johnson seeks to compel the trial court to rule on his motion to
disqualify opposing counsel. Johnson has not provided us with a record to establish that he ever
presented such a motion to the trial court. A trial court has a ministerial duty to consider and rule
on motions properly filed and pending before it within a reasonable time. See In re Layton,
257 S.W.3d 794, 795 (Tex. App.—Amarillo 2008, no pet.). However, in order to obtain mandamus
relief compelling the trial court to act on a motion, a relator must show that a motion was actually
presented to the trial court’s attention or presented for a ruling. See id.; Barnes v. State, 832 S.W.2d
424, 426 (Tex. App.—Houston [1st. Dist.] 1992, no pet.). Because Johnson has not provided a
record supporting his claim to mandamus relief, the petition for writ of mandamus is denied. See
Tex. R. App. P. 52.8(a).
___________________________________________
Diane M. Henson, Justice
Before Chief Justice Jones, Justices Waldrop and Henson
Filed: December 16, 2009