Background
Eric Dick sought mandamus relief in the Texas First Court of Appeals, complaining that the trial court had failed to rule on his motion to dismiss under Section 27.003 of the Texas Civil Practice and Remedies Code.
The underlying lawsuit, TTWN Media Networks, LLC v. Dick Law Firm, PLLC, AKA and DBA The Dick Law Firm, PLLC, and Dick Law Firm and Eric Dick, was pending before Judge Sonia Lopez in Harris County Civil Court at Law No. 1.
The Court’s Holding
In a per curiam memorandum opinion, the court denied Dick’s petition for a writ of mandamus under Texas Rule of Appellate Procedure 52.8(a).
The court provided no further explanation of its reasoning or discussion of the requirements for mandamus relief. It also dismissed all pending motions as moot.
Key Takeaways
- The court declined to compel the trial court to rule on Dick’s motion to dismiss.
- The memorandum opinion did not explain why Dick failed to establish entitlement to mandamus relief.
- Any motions pending in the appellate proceeding were dismissed as moot.
Why It Matters
The decision leaves the motion to dismiss unresolved in the trial court and illustrates that a complaint about a trial court’s failure to rule does not necessarily result in mandamus relief.
Because the court issued a brief per curiam opinion without substantive analysis, the decision offers limited guidance about what showing was missing or when delay in ruling may justify mandamus.