Do not withdraw, from deciding the motion to withdraw

September 27, 2022

In a “failure-to-rule” mandamus proceeding about counsel’s motion to withdraw, the Fifth Court held:

“We do not adopt a ‘six-month rule’ or ‘ten-month rule’ or fix any similar bright-line demarcation for cases in which parties seek mandamus relief to compel expeditious disposition of motions. We do not repeat the myriad considerations, referenced above, that guide decision of each unique mandamus petition. All we hold is that—based on particular facts and circumstances here—ten months from filing the motion to withdraw and six months from the trial court’s hearing of the motion without ruling presents an unreasonable time warranting mandamus relief.”

In re Robinson, No. 05-22-00579-CV (Sept. 23, 2022) (mem. op.)