in Re Jason Lang Modgling ( 2012 )

IN THE
TENTH COURT OF APPEALS
No. 10-12-00289-CR
IN RE JASON LANG MODGLING
Original Proceeding
MEMORANDUM OPINION
Jason Lang Modgling, a prison inmate, seeks a mandamus to compel the
Honorable Matt Johnson of the 54th District Court to rule on Modgling’s motion for
judgment nunc pro tunc. There are numerous procedural problems with this petition
including, but not limited to, that the petition was not served on the respondent, the
trial court judge, or the real party in interest, the State, and there is no record containing
the documents on which the requested relief is based or certification as required. TEX. R.
APP. P. 9.5; 52.2; 52.3(j),(k); 52.7. However, we use Rule 2 to overlook these and other
deficiencies and deny the petition. See TEX. R. APP. P. 2.
Modgling alleges in his petition that he filed his motion for judgment nunc pro
tunc on July 21, 2012. Although the need to consider and rule on a properly filed and
presented document is ordinarily not a discretionary act but a ministerial one, a trial
court is, nevertheless, allowed a reasonable time within which to perform that act. In re
Chavez, 62 S.W.3d 225, 228-229 (Tex. App.—Amarillo 2001, orig. proceeding). We
determine that in this case the trial court has not had a reasonable time to rule.
Modgling’s petition is denied.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Petition denied
Opinion delivered and filed August 23, 2012
Do not publish
[OT06]
In re Modgling Page 2