in Re: Kirk Wayne McBride, Sr. ( 2010 )

NUMBER 13-10-00508-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE: KIRK WAYNE McBRIDE, SR.
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Yañez, Garza, and Benavides
Memorandum Opinion Per Curiam
Relator, Kirk Wayne McBride, Sr., pro se, filed a petition for writ of mandamus in
the above cause on September 17, 2010, seeking to compel the trial court to rule on a
“Petition for Temporary Restraining Order.” According to the petition, relator submitted
his request for a temporary restraining order to the district clerk on July 14, 2010,
however, the trial court has not yet issued a ruling thereon. We deny the petition for writ
of mandamus.
First, the petition for writ of mandamus fails to comply with the Texas Rules of
Appellate Procedure. See generally TEX. R. APP. P. 52.3. Second, relator has not
demonstrated either that the trial court expressly refused to rule on relator’s petition for
temporary restraining order or that an unreasonable amount of time has passed since
the petition was filed. See In re Dimas, 88 S.W.3d 349, 351 (Tex. App.–San Antonio
2002, orig. proceeding); In re Chavez, 62 S.W.3d 225, 228 (Tex. App.–Amarillo 2001,
orig. proceeding); Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.–Houston [1st Dist.]
1992, orig. proceeding); accord O'Connor v. First Ct. of Appeals, 837 S.W.2d 94, 97
(Tex. 1992) (orig. proceeding).
The Court, having examined and fully considered the petition for writ of
mandamus, is of the opinion that relator has not shown himself entitled to the relief
sought. Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P.
52.8(a).
PER CURIAM
Delivered and filed the
8th day of October, 2010.