in Re Michael McGoldrick ( 2012 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-11-00818-CV
In re Michael McGoldrick
ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY
MEMORANDUM OPINION
Relator Michael McGoldrick seeks to compel the trial court to rule on his motion to
obtain trial transcripts. McGoldrick has not provided us with a record to establish that he ever
presented such a motion to the trial court. See Tex. R. App. P. 52.7 (requiring relator to file certified
or sworn copy of every document material to claim for relief). 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 brought 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.). The relator has the burden
of providing a record establishing his right to mandamus relief. In re Mendoza, 131 S.W.3d 167,
168 (Tex. App.—San Antonio 2004, orig. proceeding). Because McGoldrick has not provided a
record supporting his claim to mandamus relief, the petition for writ of mandamus is denied without
prejudice. See Tex. R. App. P. 52.8(a).
__________________________________________
Diane M. Henson, Justice
Before Justices Puryear, Henson and Goodwin
Filed: January 26. 2012
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