in Re Jerel Smith

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-21-00188-CV In re Jerel Smith

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION Relator Jerel Smith has filed a petition for writ of mandamus complaining of the trial court’s failure to rule on his petition pending in the district court. In such situations, a relator must establish the following to obtain relief: (1) the request was properly filed and had been pending for a reasonable time; (2) the relator brought the request to the Court’s attention or otherwise requested a ruling on the motion; and (3) the trial court refused to rule. See, e.g., In re Douglas, No. 03-20-00589-CV, 2020 WL 7640147, at *1 (Tex. App.—Austin Dec. 23, 2020, no pet.).

On this record, having reviewed the relator’s petition for writ of mandamus, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).

__________________________________________ Chari L. Kelly, Justice

Before Justices Goodwin, Triana, and Kelly Filed: May 5, 2021