Opinion
05-23-00757-CV
08-08-2023
IN RE JOHN ANTHONY CASTRO, Relator
Original Proceeding from the County Court at Law No. 2 Collin County, Texas Trial Court Cause No. 002-01259-2023
Before Justices Partida-Kipness, Carlyle, and Garcia
MEMORANDUM OPINION
CORY L. CARLYLE, JUSTICE
In his August 1, 2023 petition for writ of mandamus, relator asks this Court to compel the trial court to rule on a separate mandamus petition that relator filed originally in the trial court.
Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that relator lacks an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). When the requested relief is to compel a trial court to rule on a motion, or in this case a petition, relator must show (1) the trial court had a legal duty to rule on the petition, (2) relator requested a ruling, and (3) the trial court failed or refused to do so within a reasonable time. See In re Prado, 522 S.W.3d 1, 2 (Tex. App.- Dallas 2017, orig. proceeding) (mem. op.). It is relator's burden to provide a record sufficient to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding); see also Tex. R. App. P. 52.3(k)(1)(A), 52.7(a)(1).
After reviewing relator's petition and the record before us, we conclude that relator has failed to demonstrate entitlement to mandamus relief. Accordingly, we deny relator's petition for writ of mandamus. See Tex. R. App. P. 52.8(a).