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Battling Corruption

Judge ignoring Motions - What can I do

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The judge is ignoring my motions.  What should I do?  This is one of the questions that I get asked the most.  You must act.  Don't sit around griping and complaining.  Take the bull by the horns, and follow the same procedure on each and every motion!  


I'm William M. Windsor.  I'm not an attorney.  I cannot give legal advice, and I don't give legal advice.  I do share my experience representing myself as a pro se party in court over the last 30 years.  Here's what I know about judges ignoring motions and what I've done about it.

There are rules and case law that require a judge to rule on your motions.   You may also seek mandamus relief from the court of appeals.   Case law is provided at the end of this article.

ignore woman 640w


A.     Recognize Why it's Happening

Recognize that judges do this because they dislike pro se parties.  They are likely
dishonest (at best) or corrupt (at worst).  I've found there are very few honest judges in America.

Realize this isn't just happening to you.

Once I see it happening, I assume my judge is corrupt, and I expect this to be the judge's practice in my case.



B.     File Effectively


Sign all motions under oath.  File all Motions with a proposed order.  File a separate Request for Hearing with a proposed order.  These are the things I do to file effectively.  I will not allow a judge to validly claim any motion I file was improper.

I read the aplicable rules so I can be sure I am compliant.  I do a Yahoo and Google search for similar motions filed by others.

I do virtually everything I file under oath so it serves as both a motion and as an affidavit with testimony.

I always double-space for ease of reading, and I use 14-point type (if allowed by the rules) to make it easier to read.

Use the header that the Court or the opposing party has used.  That's the court, case number, and style of the case.  Then center the title of the motion -- make it clear and as concise as possible.  Use an opening paragraph that cites thge legal authority for the motion (if I know it or can identify it by searching the Rules of Civil Procedure).  Then do a Statement of Relevant Facts followed by Argument.  Conclude the motion with a Prayer for Relief.  Then the signature block (signature, address, phone, and email); Verification; Certificate of Service; Affidavit (if the state requires a notarized Affidavit); and Proposed Order.

Then prepare a separate Request for Hearing with a proposed order.


It's easier to illustrate these with examples:

Motion for Stay with Proposed Order:


IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT 
IN AND FOR LAKE COUNTY, FLORIDA

William M. Windsor,
Plaintiff,

vs.                                                                                                                             Case No. 35-2020-CA-001647

Coach Houses at Leesburg Condominium Association, Inc.,
Defendant.

                                                    _______________________________________________________________________________________

MOTION FOR STAY

          
COMES NOW, William M. Windsor (“Windsor” or “Plaintiff”), and files this Motion for Stay pursuant to Florida Rules of Appellate Procedure Rule 9.310, Florida Constitutionart. V, §4(b)(1), and the Court's Inherent Powers.

RELEVANT FACTS

1.          On October 13, 2020, the Plaintiff filed a Trial De Novo Appeal in this Court. [DOCKET 1.]
2.          On May 19, 2021, Judge James R. Baxley entered an order requiring the Plaintiff to have his pleadings signed by a member of the Florida Bar. [DOCKET 20.]
3.          On May 21, 2021, the Plaintiff filed an appeal with the Fifth District Court of Appeal. [DOCKET 21.]
       
ARGUMENT

4.          This May 19, 2021 Order has no basis in fact or law.  It is not a penalty that can be imposed, much less without notice or an opportunity to be heard; and there have been a variety of other wrongdoings.
5.          Florida Constitutionart. V, §4(b)(1) gives the Plaintiff the right to appeal and seek a stay in the Trial Court.
6.          Florida Rules of Appellate Procedure Rule 9.310 requires the Plaintiff to seek a stay in the Trial Court while the appeal is pending.
7.                    The Plaintiff seeks a stay in this case until the Fifth District Court of Appeal issues an opinion on the Appeal.

PRAYER FOR RELIEF

           
 Wherefore, the Plaintiff moves the Court for an order staying proceedings in this case until the Fifth District Court of Appeal issues an opinion on the Appeal; and granting such other and further relief as is deemed just and proper.

Dated in Leesburg, Florida this _____ day of ________________, 2021,



_______________________________
William Michael Windsor

100 East Oak Terrace Drive, Unit B3
Leesburg, Florida 34748
352-577-9988
This email address is being protected from spambots. You need JavaScript enabled to view it.


VERIFICATION

          Pursuant to Florida Statute 92.525, under penalties of perjury, I declare that I have read the foregoing document and that all facts in it are true.

Dated in Leesburg, Florida this _____ day of ________________, 2021
,



_______________________________
William Michael Windsor

100 East Oak Terrace Drive, Unit B3
Leesburg, Florida 34748
352-577-9988
This email address is being protected from spambots. You need JavaScript enabled to view it.



CERTIFICATE OF SERVICE

          
I HEREBY CERTIFY that a copy of the foregoing has been furnished by United States Postal Service and Electronic Mail to:

Christina Bredahl Gierke
COLE, SCOTT & KISSANE, P.A.
Tower Place, Ste 400, 1900 Summit Tower Blvd, Orlando, FL 32810
Telephone 321-972-0025, Facsimile 321-972-0099
This email address is being protected from spambots. You need JavaScript enabled to view it.

This _____ day of ________________, 2021
,


_______________________________
William Michael Windsor
100 East Oak Terrace Drive, Unit B3
Leesburg, Florida 34748
352-577-9988
This email address is being protected from spambots. You need JavaScript enabled to view it.


IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA

William M. Windsor,
Plaintiff,

vs.                                                                                                                           Case No. 35-2020-CA-001647

Coach Houses at Leesburg Condominium Association, Inc.,
Defendant.

                                                    _______________________________________________________________________________________

                                    
ORDER ON MOTION FOR STAY

            THIS CAUSE comes before the Court on the Plaintiff’s Motion for Stay.  This Court, having considered the motion, applicable law, the court file, and being otherwise fully advised of the premises, finds as follows:

A Stay is appropriate as the opinion of the appellate court will impact everything done in the future in this matter.

It is hereby

ORDERED AND ADJUDGED:

The Plaintiff’s Motion for Stay is hereby GRANTED.   

DONE and ORDERED this ______ day of ____________________, 2021,

                                                                        _________________________________________

                                                                        Judge Presiding


CERTIFICATE OF SERVICE

               I HEREBY CERTIFY that a true and correct copy of the foregoing was sent to:

William Michael Windsor
100 East Oak Terrace Drive, Unit B3
Leesburg, Florida 34748
352-577-9988
This email address is being protected from spambots. You need JavaScript enabled to view it.

Christina Bredahl Gierke
COLE, SCOTT & KISSANE, P.A.
Tower Place, Ste 400, 1900 Summit Tower Blvd, Orlando, FL 32810
Telephone 321-972-0025, Facsimile 321-972-0099
This email address is being protected from spambots. You need JavaScript enabled to view it.



This _______ day of ___________________________, 2021,

                                                                        _______________________________________


Motion for Hearing with Proposed Order:

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT 
IN AND FOR LAKE COUNTY, FLORIDA

William M. Windsor,
Plaintiff,

vs.                                                                                                                  Case No. 35-2020-CA-001647

Coach Houses at Leesburg Condominium Association, Inc.,
Defendant.

                                                    _______________________________________________________________________________________

MOTION FOR HEARING ON 
MOTIOFOR STAY

          
COMES NOW, William M. Windsor (“Windsor” or “Plaintiff”), and files this Motion for Hearing Motion for Stay pursuant to Florida Rules of Appellate Procedure Rule 9.310, Florida Constitutionart. V, §4(b)(1), and the Court's Inherent Powers.

RELEVANT FACTS

1.          On October 13, 2020, the Plaintiff filed a Trial De Novo Appeal in this Court. [DOCKET 1.]
2.          On May 19, 2021, Judge James R. Baxley entered an order requiring the Plaintiff to have his pleadings signed by a member of the Florida Bar. [DOCKET 20.]
3.          On May 21, 2021, the Plaintiff 
filed an appeal with the Fifth District Court of Appeal. [DOCKET 21.]
4.          On May 21, 2021, the Plaintiff filed
a Request for Stay with this Court. [DOCKET 22.]
       
ARGUMENT

5.          The May 19, 2021 Order has no basis in fact or law.  It is not a penalty that can be imposed, much less without notice or an opportunity to be heard; and there have been a variety of other wrongdoings.
6.         Florida Constitutionart. V, §4(b)(1) gives the Plaintiff the right to appeal and seek a stay in the Trial Court.

7.         Florida Rules of Appellate Procedure Rule 9.310 requires the Plaintiff to seek a stay in the Trial Court while the appeal is pending.
8.
         The Plaintiffseeks a stay in this case until the Fifth District Court of Appeal issues an opinion on the Appeal.
9.         The Plaintiff is pro se, and he needs a hearing to be able to effectively communicate his need for the Court to grant this stay.


PRAYER FOR RELIEF

            
  
Wherefore, the Plaintiff moves the Court for an order staying proceedings in this case until the Fifth District Court of Appeal issues an opinion on the Appeal; and granting such other and further relief as is deemed just and proper.

Dated in Leesburg, Florida this _____ day of ________________, 2021,


_______________________________
William Michael Windsor

100 East Oak Terrace Drive, Unit B3
Leesburg, Florida 34748
352-577-9988
This email address is being protected from spambots. You need JavaScript enabled to view it.


VERIFICATION

          
Pursuant to Florida Statute 92.525, under penalties of perjury, I declare that I have read the foregoing document and that all facts in it are true.

Dated in Leesburg, Florida this _____ day of ________________, 2021,


_______________________________
William Michael Windsor
100 East Oak Terrace Drive, Unit B3
Leesburg, Florida 34748
352-577-9988
This email address is being protected from spambots. You need JavaScript enabled to view it.



CERTIFICATE OF SERVICE

          
I HEREBY CERTIFY that a copy of the foregoing has been furnished by United States Postal Service and Electronic Mail to:

Christina Bredahl Gierke
COLE, SCOTT & KISSANE, P.A.
Tower Place, Ste 400, 1900 Summit Tower Blvd, Orlando, FL 32810
Telephone 321-972-0025, Facsimile 321-972-0099
This email address is being protected from spambots. You need JavaScript enabled to view it.

This 21st
 day of May, 2021
,


_______________________________
William Michael Windsor
100 East Oak Terrace Drive, Unit B3
Leesburg, Florida 34748
352-577-9988
This email address is being protected from spambots. You need JavaScript enabled to view it.



IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT 
IN AND FOR LAKE COUNTY, FLORIDA

William M. Windsor,
Plaintiff,


vs.                                                                                                                                                 Case No. 35-2020-CA-001647

Coach Houses at Leesburg Condominium Association, Inc.,
Defendant.

                                                    _______________________________________________________________________________________

                                    

ORDER ON MOTION FOR HEARING

         
  THIS CAUSE comes before the Court on the Plaintiff’s Motion for Hearing on Motion for Stay.  This Court, having considered the motion, applicable law, the court file, and being otherwise fully advised of the premises, finds as follows:

A Hearing is appropriate.

It is hereby

ORDERED AND ADJUDGED:

The Plaintiff’s Motion for Hearing on Motion for Stay is hereby GRANTED.   

DONE and ORDERED this ______ day of ____________________, 2021,

                                                                        _________________________________________

                                                                        Judge Presiding


CERTIFICATE OF SERVICE

               
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent to:

William Michael Windsor
100 East Oak Terrace Drive, Unit B3
Leesburg, Florida 34748
352-577-9988
This email address is being protected from spambots. You need JavaScript enabled to view it.

Christina Bredahl Gierke
COLE, SCOTT & KISSANE, P.A.
Tower Place, Ste 400, 1900 Summit Tower Blvd, Orlando, FL 32810
Telephone 321-972-0025, Facsimile 321-972-0099
This email address is being protected from spambots. You need JavaScript enabled to view it.

 

This _______ day of ___________________________, 2021,

                                                                        _______________________________________


SPECIAL NOTES: 
Determine what the Rules provide in your state for Verification.  You may need a notarized affidavit, but COVID has changed some laws to make this less cumbersone.  If a prisoner is verifying, there may be a law.  For example, Texas allows this:

VERIFICATION AND DECLARATION

My name is John Eric Armstrong.  My date of birth is October 31, 1981, and my inmate identifying number is 1642-20.  I am presently incarcerated in W.M.D.C., 300 S Jackson, Waxahachie, TX 75165.  I declare under penalty of perjury that the foregoing is true and correct and based upon my personal knowledge, except as to the matters herein stated to be alleged on information and belief, and that as to those matters, I believe them to be true.

Executed in Ellis County, State of Texas, on the ________ day of _______________________, 2021.

___________________________

John Eric Armstrong
1642-20
W.M.D.C.
300 S Jackson
Waxahachie, TX 75165


C.     Gather Evidence


Prepare to use the dishonesty of judges against them.

You need evidence. 

You may need to prove your motion was filed.  I have dealt with dishonest judges who direct the clerks to hold my filings or trash them.

I document everything.  Hand-deliver your motions to the clerk of the court yourself, or use a courier service.  Regardless of how you get your motions to the clerk, you want a receipt.  By taking an additional copy of the motion or filing, you can get it file-stamped.  That's all the proof you need that it was filed.

In some states, the United States Postal Service is superior to hand delivery.  Check the case law in your state.  Whenever in doubt about anything or when in need of anything, GOOGLE IT!  You can be proud to be attending Law School.  The Law Schools of Google and Yahoo.

Document, document, document.  Clerks will destroy or lose your filings on orders from a corrupt judge.

I print copies of the Docket on a regular basis so I have proof of what the Docket showed in case the clerk criminally alters the Docket in the future.  In Ellis County Texas, those crooks have made it impossible to print or copy an paste the Docket.  So, I photograph the Docket every day.  Your cell phone's camera is your friend, SO USE IT.


D.   Call and Email the Judge's Judicial Assistant


You need your motions set for hearings, so you need to do everything possible to accomplish this.  The judge's "judicial assistant" is supposed to set hearings, but most do whatever their judge tells them to do or not do.  Know the Recording Law in your state.  If your state is a "one party state," it means you can record the call.  Email is essential as it gives you a record of your attempt and any or no response.

I will email a judicial assistant at least twice.  I title all emails uniformly with keywords I know I can easily search and find in my email program.


E.   File a Polite Second Request for Hearing


When I can't get a hearing set, I file a motion politely requesting a hearing on my motion.  Title it "Second Request for Hearing on Motion to ______."  Capture your evidence of this filing.

Simply take your original Request, add SECOND, and change the dates.


F.   Visit the Judge's Courtroom, and ask for Settings

If there has been no response to the first request, the second request, or your attempt to contact the judicial assistant, it's time for a visit to the judge's courtroom.

Tiptoe up to the clerk sitting to one side of the judge, and ask for a setting on your hearing(s).

If you are in jail, you won't be able to do this, so move to the Demand step.  But, every time you are called to court for any reason, ask if your motions can be set for hearing.  Every time!  Organize your goals and needs every time you get called to court.  Then be a broken record and a squeaky wheel.  Your oral requests should be recorded or transcribed, so this gives you additional evidence.


G.   File a Demand for a Hearing


If there has still been no response, it's time to file a DEMAND.  Inform the judge that if the motion is not immediately set for hearing, you will file a Petition for Writ of Mandamus with the appellate court.

Title this "Final Demand for Hearing on Motion to ______."  Capture your evidence of this filing.


Demand Motion for Hearing with Proposed Order:


IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT 
IN AND FOR LAKE COUNTY, FLORIDA

William M. Windsor,
Plaintiff,

vs.                                                                                                                                     Case No. 35-2020-CA-001647

Coach Houses at Leesburg Condominium Association, Inc.,
Defendant.

                                                    _______________________________________________________________________________________

FINAL DEMAND MOTION FOR HEARING ON 
MOTIOFOR STAY

          
COMES NOW, William M. Windsor (“Windsor” or “Plaintiff”), and files this Final Demand Motion for Hearing Motion for Stay pursuant to Florida Rules of Appellate Procedure Rule 9.310, Florida Constitutionart. V, §4(b)(1), the Court's Inherent Powers, and Canons 1, 2, and 3 fo the Florida Code of Judicial Conduct.

RELEVANT FACTS

1.          On October 13, 2020, the Plaintiff filed a Trial De Novo Appeal in this Court. [DOCKET 1.]
2.          On May 19, 2021, Judge James R. Baxley entered an order requiring the Plaintiff to have his pleadings signed by a member of the Florida Bar. [DOCKET 20.]
3.          On May 21, 2021, the Plaintiff 
filed an appeal with the Fifth District Court of Appeal. [DOCKET 21.]
4.          On May 21, 2021, the Plaintiff filed 
a Request for Stay with this Court. [DOCKET 22.]
5.          The Plaintiff has repeatedly filed requests for a hearing. [DOCKET ___, DOCKET ___, DOCKET ____.]
6.          The Court has ignored the requests for a hearing.
       
ARGUMENT

7.          The May 19, 2021 Order has no basis in fact or law.  It is not a penalty that can be imposed, much less without notice or an opportunity to be heard; and there have been a variety of other wrongdoings.
8.         Florida Constitutionart. V, §4(b)(1) gives the Plaintiff the right to appeal and seek a stay in the Trial Court.

9.         Florida Rules of Appellate Procedure Rule 9.310 requires the Plaintiff to seek a stay in the Trial Court while the appeal is pending.
10.
       The Plaintiffseeks a stay in this case until the Fifth District Court of Appeal issues an opinion on the Appeal.
11.       The Plaintiff is pro se, and he needs a hearing to be able to effectively communicate his need for the Court to grant this stay.
12.       The Court has a duty to consider motions and grant requested hearings.

PRAYER FOR RELIEF

            
  
Wherefore, the Plaintiff moves the Court for an order scheduling a hearing on the Motion for Stay; and granting such other and further relief as is deemed just and proper.

Dated in Leesburg, Florida this ____ day of _______________, 2021,


_______________________________
William Michael Windsor

100 East Oak Terrace Drive, Unit B3
Leesburg, Florida 34748
352-577-9988
This email address is being protected from spambots. You need JavaScript enabled to view it.


VERIFICATION

          
Pursuant to Florida Statute 92.525, under penalties of perjury, I declare that I have read the foregoing document and that all facts in it are true.

Dated in Leesburg, Florida this _____ day of ____________, 2021,


_______________________________
William Michael Windsor
100 East Oak Terrace Drive, Unit B3
Leesburg, Florida 34748
352-577-9988
This email address is being protected from spambots. You need JavaScript enabled to view it.



CERTIFICATE OF SERVICE

          
I HEREBY CERTIFY that a copy of the foregoing has been furnished by United States Postal Service and Electronic Mail to:

Christina Bredahl Gierke
COLE, SCOTT & KISSANE, P.A.
Tower Place, Ste 400, 1900 Summit Tower Blvd, Orlando, FL 32810
Telephone 321-972-0025, Facsimile 321-972-0099
This email address is being protected from spambots. You need JavaScript enabled to view it.

This _____
 day of ________________, 2021
,


_______________________________
William Michael Windsor
100 East Oak Terrace Drive, Unit B3
Leesburg, Florida 34748
352-577-9988
This email address is being protected from spambots. You need JavaScript enabled to view it.


IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA

William M. Windsor,
Plaintiff,


vs.                                                                                                                                    Case No. 35-2020-CA-001647

Coach Houses at Leesburg Condominium Association, Inc.,
Defendant.

                                                    _______________________________________________________________________________________

                                    
ORDER ON FINAL DEMAND FOR HEARING

          
  THIS CAUSE comes before the Court on the Plaintiff’s Final Demand for Hearing on Motion for Stay.  This Court, having considered the motion, applicable law, the court file, and being otherwise fully advised of the premises, finds as follows:

A Hearing is appropriate.

It is hereby

ORDERED AND ADJUDGED:

The Plaintiff’s Final Demand for Hearing on Motion for Stay is hereby GRANTED.   

DONE and ORDERED this ______ day of ____________________, 2021,

                                                                        _________________________________________

                                                                        Judge Presiding


CERTIFICATE OF SERVICE

               
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent to:

William Michael Windsor
100 East Oak Terrace Drive, Unit B3
Leesburg, Florida 34748
352-577-9988
This email address is being protected from spambots. You need JavaScript enabled to view it.

Christina Bredahl Gierke
COLE, SCOTT & KISSANE, P.A.
Tower Place, Ste 400, 1900 Summit Tower Blvd, Orlando, FL 32810
Telephone 321-972-0025, Facsimile 321-972-0099
This email address is being protected from spambots. You need JavaScript enabled to view it.

 

This _______ day of ___________________________, 2021,

                                                                        _______________________________________



H.   File a Petition for Writ of Mandamus in the Appellate Court

When the judge does not respond to the DEMAND, you must file a Petition for Writ of Mandamus wit the appellate court to ask that court to compel the Trial Court Judge to act.

Research your state's case law.  If you don't have the necessay tools, email This email address is being protected from spambots. You need JavaScript enabled to view it., and I will try to do it to supplement this article for everyone's benefit.

I had to research Texas Case Law on this issue.  Here's what I found:

“When a motion is properly filed and pending before a trial court, the act of giving consideration to and ruling upon that motion is ministerial. White v. Reiter, 640 S.W.2d 586, 594 (Tex. Crim. App. 1982) (orig. proceeding); Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.--Houston [1st Dist.] 1992, orig. proceeding). The trial court has no discretion to refuse to act, but must consider and rule upon the motion within a reasonable time. Barnes, 832 S.W.2d at 426.” (In re Lockett, No. 2-08-452-CV (Tex.App. Dist.2 06/16/2009).) [emphasis added.]

“When a motion is properly pending before a trial court, the act of considering and ruling on it is a ministerial act. Eli Lilly and Co. v. Marshall, 829 S.W.2d 157, 158 (Tex. 1992) (orig. proceeding) (per curiam); In re Chavez, 62 S.W.3d 225, 228 (Tex. App.-Amarillo 2001, orig. proceeding). A trial court abuses its discretion when it fails to rule on pretrial motions that have been properly presented to it within a reasonable time. Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex. App.-San Antonio 1997, orig. proceeding).” (In re Webb, 07-15-00050-CV (Tex.App. Dist.7 07/21/2015).)

“When a motion is properly filed and pending before a trial court, the act of giving consideration to and ruling upon that motion is a ministerial act. See Eli Lilly and Co. v. Marshall 35 Tex. Sup. Ct. J. 707 (1992) (mandamus conditionally issued to compel trial court to conduct a hearing); State ex rel. Curry v. Gray, 726 S.W.2d 125, 128 (Tex.App.--El Paso 1987, orig. proceeding) (en banc). In such circumstances, a trial court must consider and rule upon the motion within what, when all the surrounding circumstances are taken into account, constitutes a reasonable time. See Kissam v. Williamson, 545 S.W.2d 265, 267 (Tex.App.--Tyler 1976, orig. proceeding) (under statute permitting mandamus to compel lower court to proceed to trial and judgment but silent as to time, mandamus would issue when lower court had not acted ‘within a reasonable time’); see also Crouch v. Shields, 385 S.W.2d 580, 582 (Tex.App.--Dallas 1964, writ ref’d n.r.e.) (where probate judge had had more than a ‘reasonable time’ to consider merits of application but still refused to act, district court properly issued writ of mandamus compelling probate judge to hold hearing). This rule does not intrude upon the trial court’s discretion, because a trial court has no discretion to refuse to act. The trial court’s judicial discretion extends instead to its decision how to rule after it considers a motion properly before it, -- and an appeals court may not issue a writ of mandamus to compel a trial court to rule a certain way on that motion. Womack v. Berry, 156 Tex. 44, 291 S.W.2d 677, 682 (Tex. 1956). We review the rulings produced by the exercise of that judicial power in the normal appellate process. A refusal to rule within a reasonable time would demonstrate that process and, moreover, would constitute a denial of due course of law, Baluch v. Miller, 774 S.W.2d 299, 301-302 (Tex.App.--Dallas 1989, orig. proceeding).” (Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding).)

“When a motion is properly filed and pending before a trial court, the act of giving consideration to and ruling upon the motion is a ministerial act. See Eli Lilly Co. v. Marshall, 829 S.W.2d 157, 158 (Tex. 1992); see also Tex. State Bd. of Examiners in Optometry v. Carp, 388 S.W.2d 409, 417 (Tex. 1965) (writ will issue to compel trial court to proceed to judgment). In such circumstances, a trial court must consider and rule upon the motion within a reasonable amount of time. See, e.g., Crouch v. Shields, 385 S.W.2d 580, 582 (Tex. Civ. App.-Dallas 1964, writ ref’d n.r.e.) (finding district court properly issued mandamus compelling probate court to act on application for probate); In re Shredder Co., 225 S.W.3d 676, 679 (Tex. App.-El Paso 2006, orig. proceeding) (finding trial court abused its discretion by refusing to rule on Father's motion to compel arbitration); Kissam v. Williamson, 545 S.W.2d 265, 267 (Tex. App.-Tyler 1976, orig. proceeding) (compelling trial court to proceed to trial and judgment). A trial court’s discretion extends to its decision on how to rule on a motion properly before it, and an appellate court then reviews the rulings produced by that judicial power in the normal appellate process. See Baluch v. Miller, 774 S.W.2d 299, 301-02 (Tex. App.-Dallas 1989, orig. proceeding). A refusal to rule within a reasonable time frustrates that purpose and constitutes a denial of due course of law. Id. Consequently, mandamus is available to compel a trial court to make a ruling within a reasonable time. See Marshall, 829 S.W.2d at 158. A reasonable amount of time is determined by the circumstances of the case. Shredder, 225 S.W.3d at 679.” (In re Maasoumi, No. 05-08-01074-CV (Tex.App. Dist.5 11/13/2008).)

“When a relator complains the trial court failed or refused to hear and rule on a pending motion, the relator’s burden includes demonstrating the trial court had a legal duty to perform; performance was demanded; and the trial court refused to act. Stoner v. Massey, 586 S.W.2d 843, 846 (Tex. 1979) (orig. proceeding).” (In re Webb, 07-15-00050-CV (Tex.App. Dist.7 07/21/2015.)


I.     Even More Options


I file judicial misconduct compaints.  I file motions to seek recusal or disqualification of the judge.  I attempt to get criminal charges brought against the judges for obstruction of justice.  But I am hated by dishonest and corrupt judges, so be careful.


William M. Windsor

I, William M. Windsor, am not an attorney.  This website expresses my OPINIONS.   The comments of visitors or guest authors to the website are their opinions and do not therefore reflect my opinions.  Anyone mentioned by name in any article is welcome to file a response.   This website does not provide legal advice.  I do not give legal advice.  I do not practice law.  This website is to expose government corruption, law enforcement corruption, political corruption, and judicial corruption.   Whatever this website says about the law is presented in the context of how I or others perceive the applicability of the law to a set of circumstances if I (or some other author) was in the circumstances under the conditions discussed.  Despite my concerns about lawyers in general, I suggest that anyone with legal questions consult an attorney for an answer, particularly after reading anything on this website.  The law is a gray area at best.  Please read our Legal Notice and Terms

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Judges

Judicial Corruption is rampant.  Our rights to a fair trial are a myth.  Many judges are totally corrupt.

Constitution

Our fundamental rights have been taken away by a government of wrongs. Stolen by corruption.

Attorneys

Misconduct is everywhere. Dishonesty abounds. Perjury, subornation of perjury, corruption!

Police

Abuse, Dishonesty, Corruption.  It's all common with Police and Law Enforcement.

Government

Government Dishonesty is Bad.
We must find honest people
and make them accountable
to We the People.