Legal Opinion

In Re Mendoza

Texas Court of Appeals, 4th District (San Antonio)

Decided January 14, 2004No. 04-03-00933-CVPublishedCited by 146 opinions

1Opinion of the Court

OPINION

Opinion by SANDEE BRYAN MARION, Justice.

On December 18, 2003, relator filed a petition for writ of mandamus, asking this court to order the trial court to rule on his application for writ of habeas corpus bail pending. A trial court is required to consider and rule upon a motion within a reasonable time. Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex.App.-San Antonio 1997, orig. proceeding). When a motion is properly filed and pending before a trial court, the act of giving consideration to and ruling upon that motion is a ministerial act, and mandamus may issue to compel the…

2Cases cited3 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. In Re Chavez, Texas Court of Appeals, 7th District (Amarillo)2001
  3. Safety-Kleen Corp. v. Garcia, Texas Court of Appeals, 4th District (San Antonio)1997

3Cited by146 opinions

  1. in Re Robert O. Craig, Texas Court of Appeals, 1st District (Houston)2012
  2. Ex Parte Williams, Texas Court of Appeals, 9th District (Beaumont)2006
  3. Craig Hudson v. State, Texas Court of Appeals, 9th District (Beaumont)2006
  4. Ex Parte Jeremy Williams, Texas Court of Appeals, 9th District (Beaumont)2006
  5. Ex Parte Jesus Manuel Campos Cisneros v. the State of Texas, Texas Court of Appeals, 4th District (San Antonio)2023

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