Family Law Appeals Attorney in McKinney, Texas
What’s the difference between an appeal and a mandamus?
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
00:18
a case
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so after you’ve had a trial and the
00:21
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
00:30
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
00:35
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
00:48
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.
