NO. 07-13-0024-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
FEBRUARY 12, 2013
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In re HARVEY BRAMLETT, JR. AND JASON BLAKENEY,
Relators
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On Original Proceeding for
Writ of Mandamus
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Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Pending before the court is the petition for writ of mandamus of Harvey Bramlett,
Jr. and Jason Blakeney (relators). They are requesting that we direct the Hon. Douglas
Woodburn, 108th District Court, Potter County, to act upon their amended motion to
recuse. We deny the application.
One seeking a writ of mandamus must include with his petition the pertinent
“document showing the matter complained of.” TEX. R. APP. P. 52.3(k)(1)(A). To the
extent that the relators ask us to direct the trial court to act upon their amended motion
to recuse, the “document showing the matter complained of” would be the amended
motion. However, it is neither attached to the petition for mandamus relief nor included
in an appendix filed with the petition. Thus, relators failed to comply with the
requirements of the Texas Rules of Appellate Procedure. See In re Smith, 279 S.W.3d
714 (Tex. App.–Amarillo 2007, orig. proceeding) (denying the petition because the
“document showing the matter complained of” was not provided).
Next, while it may be that the duty to rule upon a motion is ministerial, In re
Bates, 65 S.W.3d 133, 134-35 (Tex. App.–Amarillo 2001, orig. proceeding), the court
nonetheless has a reasonable time within which to do so. Id. at 135. Furthermore, it is
incumbent upon the relator to illustrate that the trial court was aware of the particular
motion and, thus, its duty to act. In re Smith, 279 S.W.3d at 715-16. The latter
obligation is not satisfied by simply establishing that the motion was filed with the district
clerk, for notice to the clerk is not imputed to the trial court; that is, the clerk is not the
agent, employee, or representative of the trial court. In re Chavez, 62 S.W.3d 225, 228
(Tex. App.–Amarillo 2001, orig. proceeding). Relators have also failed to satisfy this
obligation here. Consequently, we cannot say that they established their entitlement to
the relief requested.
Accordingly, we deny the petition for a writ of mandamus.
Per Curiam
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