Sometimes you cannot wait to appeal a case in the traditional manner, but instead, need the court of appeals to review a decision immediately. A mandamus, which is an emergency appeal, may be a potential solution in these situations.
A writ of mandamus is considered an extraordinary remedy and is not available in all cases. A writ is issued only to correct a clear abuse of discretion or the violation of a legal duty imposed on a judge when there is no adequate remedy at law. An abuse of discretion occurs when the decision of a trial judge is so arbitrary or unreasonable that it amounts to a clear error of law, and a party suffers harm as a result. A mere error in judgment is not an abuse of discretion and will not be construed as such in an action for mandamus relief. An experienced emergency appeal lawyer can help you fight aggressively for an appeal if one is warranted.
Which Family Cases Can a Writ of Mandamus Apply To?
In the context of family law cases, there are several situations in which mandamus relief may be available to you. These include, but are not limited to, temporary orders issued in violation of §156.006 of the Texas Family Code, an order granting or denying a motion to compel arbitration, an order transferring or refusing to transfer a suit affecting the parent-child relationship, a challenge to an order for genetic testing, to correct discovery errors, to order a trial court to comply with the Uniform Child Custody Jurisdiction and Enforcement Act’s jurisdiction or to review major rulings in exceptional cases.
Similar to other types of appeals, mandamuses are deadline-driven and have strict filing requirements that a party seeking relief must comply with. Texas Rule of Appellate Procedure 52 sets out all the procedural requirements that must be met when a person files for a writ of mandamus. This includes filing an adequate record, certified copies of every document that is material to the claim for relief, and a properly authenticated transcript of the underlying proceeding, among other things.
The complex technical nature of mandamus proceedings is best handled by skilled mandamus attorneys. The appellate team at Orsinger, Nelson, Downing & Anderson includes some of the most experienced and highly regarded appellate experts in the state, and we would be happy to answer any questions you may have regarding the feasibility of an appeal in your case. Call us today.