Automated Summary
Key Facts
Relator James McCoy, an incarcerated pro se petitioner, sought mandamus relief against the trial court for failing to address his 'Motion to Redress.' The court denied relief, finding no evidence the trial court was aware of the motion or that relator demanded a ruling. The underlying case, James McCoy v. Sylvia Hightower (Cause No. 036819), was pending in the 506th District Court of Grimes County, Texas, presided over by Judge Gary W. Chaney. This Court’s panel (Justices Guerra, Caughey, and Dokupil) concluded the petition failed to establish entitlement to mandamus.
Issues
- Whether the relator demonstrated that the Motion to Redress was brought to the trial court's attention and a demand was made for a ruling, as required for mandamus relief.
- Whether the trial court had a legal duty to perform a non-discretionary act by ruling on a properly filed Motion to Redress, and whether relator established the trial court was aware of its obligation to act.
Holdings
The Court denies relator's petition for writ of mandamus because he failed to establish that the trial court was aware of its obligation to act on his Motion to Redress or that he made a demand on the trial court to rule on the motion. The record shows only that the motion was filed with the clerk, which is insufficient under Texas case law.
Remedies
- the Court denies relator's petition for writ of mandamus.
- We dismiss any pending motions as moot.
Legal Principles
To obtain mandamus relief for a trial court's failure to perform a ministerial duty, a relator must establish (1) the trial court had a legal duty to perform a non-discretionary act, (2) the relator asked the court to perform the act, and (3) the court failed or refused to act. The court must also be shown to have been aware of its obligation, as filing a motion with the clerk alone does not satisfy this requirement. See In re Chavez and In re Blakeney.
Precedent Name
- In re OxyVinyls, LP
- In re Blakeney
- In re Davidson
- In re Chavez
Judge Name
- Justice Caughey
- Justice Guerra
- Justice Dokupil
Passage Text
- However, to be entitled to mandamus relief for failure to perform a ministerial duty, a relator must establish that the trial court (1) had a legal duty to perform a non-discretionary act, (2) was asked to perform the act, and (3) failed or refused to do so.
- A trial court is required to consider and rule on a properly filed and pending motion within a reasonable time.
- Here, while relator has included a file-stamped copy of his 'Motion to Redress' in the mandamus record, there is no showing that the motion has been brought to the attention of the trial court.