CourtListener 10660841•In Re Jennifer Nutt and 3CPL Holdings LLC v. the State of Texas
In Re Jennifer Nutt and 3CPL Holdings LLC v. the State of Texas
CourtListener 10660841Txctapp326 de ago. de 2025
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00483-CV
In re Jennifer Nutt and 3CPL Holdings LLC
ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY
MEMORANDUM OPINION
Relators Jennifer Nutt and 3CPL Holdings LLC filed a petition for writ of
mandamus complaining of the trial court’s alleged failure or refusal to rule on their pending motion
to dismiss Cause No. 23-2546-C395. Relators argue that a settlement agreement with Real Parties
in Interest requires dismissal, but Real Parties in Interest disagree. To establish an abuse of
discretion for failure to rule, a relator must show that: (1) the trial court had a legal duty to rule on
the motion, (2) she made a demand for the trial court to rule, and (3) the trial court failed or refused
to rule within a reasonable time. See In re Chavez, 62 S.W.3d 225, 228 (Tex. App.—Amarillo
2001, orig. proceeding) (citing O’Connor v. First Court of Appeals, 837 S.W.2d 94, 97
(Tex. 1992)).
Here, however, the record does not reflect that Relators have demanded a ruling on
their motion, which they filed on March 13, 2025. Accordingly, Relators’ petition fails to establish
that they “made a demand for the trial court to rule” and that the motion has been pending for an
unreasonable length of time. See, e.g., In re Halley, No. 03-15-00310-CV, 2015 WL 4448831, at
*2 (Tex. App.—Austin July 14, 2015) (orig. proceeding) (mem. op.) (concluding that delay of less
than six months did not constitute unreasonable length of time under “failure to rule” analysis);
In re Blakeney, 254 S.W.3d 659, 661 (Tex. App.—Texarkana 2008, orig. proceeding)
(determining that six-month delay in ruling would not be unreasonable).
Having reviewed the petition and the record provided, we cannot conclude that
Relators are entitled to the extraordinary relief requested and deny the petition for writ of
mandamus. See Tex. R. App. P. 52.8(a).
__________________________________________
Rosa Lopez Theofanis, Justice
Before Justices Triana, Theofanis, and Crump
Filed: August 26, 2025
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