Texas Civil Appeals & Writ of Mandamus Attorneys for the State of Texas
The trial didn’t go your way. The case isn’t over.
Writ of mandamus: what it is and when it applies
A writ of mandamus asks a higher court to correct a trial court’s error right now without waiting years for a final judgment and ordinary appeal. It’s an extraordinary remedy reserved for situations where the trial court clearly abused its discretion and a later appeal can’t fix the damage: improper discovery orders forcing disclosure of privileged or confidential information, rulings on jurisdiction, temporary orders in family law cases, and certain orders that will inflict harm no final judgment can undo. Mandamus practice is specialized, fast-moving, and unforgiving of weak petitions. If a ruling in your case is causing damage that can’t wait for an appeal, mandamus may be the vehicle.
Contact us ASAP because timing is everything. If you wait, you could lose all ability to challenge the underlying ruling, and be stuck until a final order is rendered (at which time the Court of Appeals may so your issue is forever moot)
Can temporary orders be challenged?
Yes, and mandamus is often how. Temporary orders can control the most consequential parts of a case for a year or more while family litigation grinds forward: who controls property or a business, who pays what, the schedule for the children, the rights of the parents regarding the children, and how the parties must operate in the meantime. Because many temporary orders can’t be appealed in the ordinary way, a genuinely harmful order can feel like a sentence without review. Mandamus, and in some circumstances interlocutory appeal, exist for exactly this problem. We evaluate whether the order in your case crosses the line from unfavorable to legally challengeable—honestly, before you spend money on a fight that can’t be won.
“I need a new trial”: motions for new trial and civil appeals after a bad verdict
A bad verdict starts a clock, and it’s short. Post-judgment deadlines in Texas are strict and rights not preserved in time are lost, often within weeks of judgment. The paths forward include a motion for new trial in the trial court and appeal to the court of appeals based on legal errors: evidence wrongly admitted or excluded, incorrect jury instructions, insufficient evidence, or rulings that misapplied the law. Appellate work is a different craft from trial work because it’s won on the record, the briefs, and the standard of review. We provide both second opinions on trial outcomes and full appellate representation. If judgment has been entered in your case, contact us immediately.
Worried about your judge ahead of trial? Don’t go to trial without appellate counsel present.
Many trial attorneys do not also practice appellate law. Because of this, mistakes by the Court are not preserved during the trial. When this happens, the mistake is waived and cannot be used as a ground for appeal.
This means that the judge could make an absolutely wrong decision, but because your lawyer did not object properly or preserve the issue properly, there is nothing the Court of Appeals can do about it. You can have excellent counsel representing you, but appellate standards of review are so complex and delicate, that your trial lawyer can only do so much. They are busy asking questions, objecting, arguing, and preparing their responses, resulting in things getting missed unintentionally.
If you have concerns about the rulings your Judge has made throughout your case, it is worth it to hire appellate counsel to aid in the preparation for trial and to help your trial counsel during case presentation. It is a small price to pay to ensure you are protected in the next steps of your case.