TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00683-CV

In re R. Wayne Johnson

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator R. Wayne Johnson seeks to compel the trial court to rule on his motion to disqualify opposing counsel. Johnson has not provided us with a record to establish that he ever presented such a motion to the trial court. A trial court has a ministerial duty to consider and rule on motions properly filed and pending before it within a reasonable time. See In re Layton, 257 S.W.3d 794, 795 (Tex. App.—Amarillo 2008, no pet.). However, in order to obtain mandamus relief compelling the trial court to act on a motion, a relator must show that a motion was actually presented to the trial court’s attention or presented for a ruling. See id.; Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st. Dist.] 1992, no pet.). Because Johnson has not provided a record supporting his claim to mandamus relief, the petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

___________________________________________ Diane M. Henson, Justice Before Chief Justice Jones, Justices Waldrop and Henson Filed: December 16, 2009