Ratcliff v. Dickson

EVANS, Justice.

Relator, plaintiff in the trial court, filed an original proceeding in this court seeking leave to file Petition for Mandamus to compel the trial judge to enter summary judgment in his favor. Relator’s motion for leave to file must be denied.

Relator’s motion indicates notification to opposing counsel as to time for hearing on his motion for summary judgment but does not reflect any request upon the trial court to set such motion for hearing nor that the trial court neglected or refused to act thereon. Thus, Relator has failed to establish the predicate requisite to the right of…