Must Bring Failure or Refusal to Trial Court’s Attention for Mandamus

The Fourteenth District Court of Appeals denied mandamus relief to a petitioner who sought to set aside a default judgment when the petitioner requested an order that the trial court rule on his motion because the petitioner proved only that he filed the motion with the district clerk and not that he actually requested a ruling on his motion. In re Amaro, No. 14-13-01004-CV (Tex. App. – Houston [14th Dist.] Jan. 9, 2014) (orig. proceeding) (per curium) (mem. op.).

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