The opinion
Opinion issued October 11, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00731-CR
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IN RE THOMAS FLORENCE, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Thomas Florence, petitioned for writ of mandamus seeking to
compel the trial court to rule on his motion for new trial and related motions.1
Florence’s petition for writ of mandamus does not comply with the
requirements of Texas Rule of Appellate Procedure 52.3. See TEX. R. APP. P. 52.3
1
The underlying case is State of Texas v. Thomas Wayne Florence, No. 10CR1217,
(56th Dist. Ct., Galveston Cnty., Tex.), the Honorable Lonnie Cox, presiding.
(requiring, among other things, that petition include complete list of all parties,
statement of case, statement regarding basis of this Court’s exercise of jurisdiction,
and appendix containing certified or sworn copy of any order complained of).
Moreover, motions for new trial are overruled by operation of law if the trial
court does not rule on the motion within seventy-five days after imposing or
suspending sentence in open court. See TEX. R. APP. P. 21.8. Therefore, even if
Florence’s petition complied with Rule 52.3, he is unable to show that he is
entitled to mandamus relief on this ground.
We deny the petition for writ of mandamus. Any pending motions are
dismissed as moot.
PER CURIAM
Panel consists of Justices Keyes, Massengale, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
2