In a petition for writ of mandamus, the party seeking relief is referred to as the “Relator.” Tex. R. App. P. 52.2. The trial judge is generally the “Respondent.” Tex. R. App. P. 52.2. When seeking mandamus relief, remember that the relator is asking the appellate court to correct an error made by the trial court, not to punish the opposing party, who is referred to as “Real Party in Interest.” Tex. R. App. P. 52.2. When complaining to the appellate court, the focus should be

A motion for temporary orders pending an appeal can be made by a party or on the court’s own motion. Tex. Fam Code §§ 6.709(a), 109.001(a). A party seeking temporary orders pending appeal must file the motion no later than the date the party is required to file a notice of appeal under the Texas Rules of Appellate procedure, but the motion can also be filed before trial. Tex. Fam. Code §§ 6.709(h), 109.001(b-1). Either party can challenge temporary orders pending appeal throu

87 Tex. B.J. 696 (October 2024)

In 2023, the legislature amended Texas Government Code Section 80.002 to include a provision requiring courts to provide notice of orders through the efiling system. Tex. Gov’t Code § 80.002(b). Additionally, Texas Rule of Civil Procedure 21 was amended to state: “the clerk must send orders, notices, and other documents to the parties electronically through an electronic filing service provider” unless certain exceptions apply, such as the case being sealed or when an unr

When thinking about “creating a record” and “preserving issues for appeal,” it helps if a trial attorney understands a bit about the appellate process and why trial attorneys need to get things in “the record.” First, what is “the record?” In an appeal, the record consists of the clerk’s record and, if necessary to the appeal, the reporter’s record. Tex. R. App. P. 34.1. The clerk’s record is made up of all the documents that were actually filed in the trial court. See Tex. R

In a petition for writ of mandamus, the party seeking relief is referred to as the “Relator.” Tex. R. App. P. 52.2. The trial judge is generally the “Respondent.” Tex. R. App. P. 52.2. When seeking mandamus relief, remember that the relator is asking the appellate court to correct an error made by the trial court, not to punish the opposing party, who is referred to as “Real Party in Interest.” Tex. R. App. P. 52.2. Mandamus is an extraordinary remedy that is only available i

New trials may be granted and a judgment may be set aside for good cause. Tex. R. Civ. P. 320. Ineffective Service A defendant can directly attack a default judgment by a motion for new trial, a restricted appeal, or a bill of review. See PNS Stores v. Rivera, 379 S.W.3d 267, 271 (Tex. 2012). When a no-answer default judgment is challenged by a direct attack, the record must show strict compliance with the manner and mode of service; otherwise, the service is invalid and the

Appellate courts generally do not award fees. For an appellee to be awarded fees, the appellee generally must file a cross-appeal because the appellee would be asking for greater relief than what was received in the trial court. Souffer v. Levine & Father Operating Corp., No. 05-19-00001-CV, 2020 WL 3410636, at *4 (Tex. App.—Dallas, 2020, no pet.) (mem. op.); Tex. R. App. P. 25.1(c). If an appellant appeals and wins, the appellate court often will remand the case to the trial

At the end of the trial, appeal may or may not be foremost on your mind, but questioning whether to request findings of fact and conclusions of law (“findings”) should be on your closing checklist in every case due to the short deadlines for making a request. After a bench trial, a party may ask the court to state in writing its findings. Tex. R. Civ. P. 296. In ordinary cases, a party only has 20 days after the judgment is signed to request findings. Tex. R. Civ. P. 296; Tex

The new discovery rules are on everyone’s minds as we begin 2021. For the most part, discovery rulings are “incidental” rulings not subject to mandamus relief, but if the ruling completely hamstrings your ability to present your case or seeks discovery not permitted by the Rules, a petition for writ of mandamus may be necessary to protect your client’s rights. The new rules impose a duty of disclosure without the need for a request; however, the duty can be exempted by agreem

We generally think of the 30-day window after a final order as the only time in which a party can appeal. However, if there was clear...

There is an entire chapter of the Texas Family Code devoted to modification of child-related orders. However, a property division—like...