Document Info

DocketNumber: 05-18-00088-CV

Filed Date: 1/31/2018

Status: Precedential

Modified Date: 4/17/2021

  • Denied and Opinion Filed January 31, 2018
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-18-00088-CV
    IN RE VENKY VENKATRAMAN, Relator
    Original Proceeding from the 255th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DF04-11968
    MEMORANDUM OPINION
    Before Justices Francis, Evans, and Boatright
    Opinion by Justice Francis
    This original proceeding is the latest of multiple proceedings filed in relation to the
    underlying divorce and custody dispute. Here, relator complains the trial court has not ruled on
    his January 9, 2018 motion for separate order in which he seeks an order on a motion to clarify
    final orders heard on December 15, 2017.
    To obtain mandamus relief for the trial court’s refusal to rule on a motion, a relator must
    establish: (1) the motion was properly filed and has been pending for a reasonable time; (2) the
    relator requested a ruling on the motion; and (3) the trial court refused to rule. In re Craig, 
    426 S.W.3d 106
    , 107 (Tex. App.—Houston [1st Dist.] 2012, orig. proceeding). It is relator’s burden
    to provide the court with a record sufficient to establish his right to relief. Walker v. Packer, 
    827 S.W.2d 833
    , 837 (Tex. 1992); TEX. R. APP. P. 52.3(k), 52.7(a).
    The trial court has not been given a reasonable time in which to rule on the January 9,
    2018 motion for separate order.      Relator is, therefore, not entitled to mandamus relief.
    Accordingly, we deny relator’s petition for writ of mandamus.
    /Molly Francis/
    MOLLY FRANCIS
    JUSTICE
    180088F.P05
    –2–