TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00818-CV

In re Michael McGoldrick

ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY

MEMORANDUM OPINION

Relator Michael McGoldrick seeks to compel the trial court to rule on his motion to obtain trial transcripts. McGoldrick has not provided us with a record to establish that he ever presented such a motion to the trial court. See Tex. R. App. P. 52.7 (requiring relator to file certified or sworn copy of every document material to claim for relief). 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 brought 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.). The relator has the burden of providing a record establishing his right to mandamus relief. In re Mendoza, 131 S.W.3d 167, 168 (Tex. App.—San Antonio 2004, orig. proceeding). Because McGoldrick has not provided a record supporting his claim to mandamus relief, the petition for writ of mandamus is denied without prejudice. See Tex. R. App. P. 52.8(a). __________________________________________ Diane M. Henson, Justice Before Justices Puryear, Henson and Goodwin Filed: January 26. 2012