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Dallas, TX family law attorney Holly Draper explains the difference between an appeal and a mandamus. She shares that the firm handles two types of appellate cases: appeals and mandamuses. Appeals are filed in the Court of Appeals or the Texas Supreme Court after a final judgment has been issued in a case. This could include a divorce decree, a child custody order, or an enforcement order. When a client believes that the judge made errors or that the final outcome is incorrect, an appeal provides a way to challenge that judgment.
Mandamuses, in contrast, are typically filed during a pending case. In family law, they are often used when a judge clearly abuses their discretion in issuing temporary orders. For example, in the Texas Supreme Court case Ray CJC, a mandamus was filed because the trial judge granted rights and possession to a non-parent over the objections of a fit parent. Because these claims often involve constitutional issues, a mandamus allows clients to seek review from the Court of Appeals or the Texas Supreme Court to have the temporary order overturned.