Family Law Appeals Attorney in McKinney, Texas

What’s the difference between an appeal and a mandamus?

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our firm handles two different types of
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appellate cases
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those would be appeals and mandamuses
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so an appeal is something that you would
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file
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in the court of appeals or texas supreme
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court after you have a final judgment in
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a case
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so after you’ve had a trial and the
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judge rules and you have a final order
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be it a divorce decree or a child
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custody degree or an enforcement order
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if the judge made errors and there’s
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something that you believe is wrong
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about the end result
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then you can file an appeal of that
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final judgment a mandamus on the other
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hand
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is generally filed during a pending case
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in family law we would tend to see a
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mandamus filed
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if a judge makes a clear abusive
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discretion
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in making a ruling on temporary orders
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the
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i took a case the texas supreme court
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it’s in ray cjc
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and that particular case was a mandamus
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it related to
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temporary orders where the trial judge
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gave
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rights and possession to a non-parent
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over the objections of a fit parent
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and because of the nature of the claim
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it was a constitutional issue
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and anything on temporary orders if a
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judge makes a
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bad decision you can file a mandamus
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to the court of appeals or the texas
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supreme court to attempt to have that overturned

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.

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