in Re Shane Bradley

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-09-00072-CV ____________________

IN RE SHANE BRADLEY

---

Original Proceeding

---

MEMORANDUM OPINION

In this mandamus proceeding, Shane Bradley contends the trial court abused its discretion by not ruling on a motion to dismiss that Bradley filed on or about December 16, 2008, and addressed during hearings conducted on January 8 and February 5, 2009. Bradley asks this Court to order the trial court to dismiss Bradley from a custody modification suit concerning members of Bradley's household. The relator has not shown that the trial court delayed its disposition of Bradley's pre-trial motion for an unreasonable length of time. See Ex parte Bates, 65 S.W.3d 133, 134-35 (Tex. App.-Amarillo 2001, orig. proceeding) (discussing factors to consider in evaluating whether the trial court failed to act within a reasonable time). We deny the petition.

PETITION DENIED.

PER CURIAM

Opinion Delivered February 27, 2009

Before McKeithen, C.J., Gaultney and Horton, JJ.