in Re Clyde Nubine ( 2019 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00797-CV
In re Clyde Nubine
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relator Clyde Nubine filed a petition for writ of mandamus contending that the trial
court has not ruled on three matters in his underlying suit seeking judicial review of the Texas
Workforce Commission’s administrative decision. Nubine states that the court has not ruled on the
Commission’s plea to the jurisdiction, Nubine’s special exceptions to the Commission’s plea, and
Nubine’s motion for appointment of counsel.
Mandamus may issue to compel a trial court to rule on a motion, but the relator must
provide a mandamus record establishing that he requested a ruling on the pending motion. See In re
Sarkissian, 243 S.W.3d 860, 861 (Tex. App.—Waco 2008, orig. proceeding) (noting that mandamus
record failed to establish that relator requested ruling or otherwise called motion to trial court’s
attention and that “mere filing of a motion with a trial court clerk does not equate to a request that
the trial court rule on the motion”); see also Tex. R. App. P. 52.7(a) (relator must file with petition
“a certified or sworn copy of every document that is material to the relator’s claim for relief and that
was filed in any underlying proceeding”).
Accordingly, because Nubine failed to provide a sufficient mandamus record, his
petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).
_________________________________________
Gisela D. Triana, Justice
Before Justices Goodwin, Baker, and Triana
Filed: January 24, 2019
2