Civil appeals require a specific understanding of special rules and procedures, but knowing how to navigate appellate proceedings is only part of the process. An efficient litigation strategy and exploration of available options and legal remedies during trial proceedings is also important. In some cases, this may involve the need for a mandamus petition or interlocutory appeal.
At Hendershot, Cannon & Hisey, P.C., our Texas appellate lawyers assist trial lawyers and parties throughout the state with navigating the complexities of civil appeals and high standards which govern requests for discretionary appeals and mandamus petitions. Trial attorneys with limited experience in appellate courts often underestimate the difficulty of obtaining permission for mandamus and interlocutory matters, as well as the strategic work and experience they require in order to prevail.
Our civil appeals team works with the immediacy and efficiency high stakes civil disputes demand, and assists trial lawyers across Texas with evaluating, drafting, and filing mandamus petitions and interlocutory appeals. Contact us to speak with an experienced appellate lawyer.
The purpose of mandamus in theory is straightforward: remedy injustice in trial proceedings. Depending on the circumstances, adequate remedy may be available by appeal during trial, as well as after the final judgement.
Complaints in mandamus proceedings, brought by a “relator,” focus on the conduct or ruling of the judge, such as in the case of a trial judge who orders a party to turn over documents containing trade secrets. Filing a petition for writ of mandamus, which may also be accompanied by a request for an immediate stay, provides the resisting party with an opportunity to appeal to a higher court.
In practice, mandamus proceedings can be a challenging form of interim appeal. Efficiency, strategic assistance, and experienced counsel are important to filing timely mandamus petitions, as is complying with the appropriate rules and procedures which govern these matters.
Interlocutory appeals, similarly to mandamus proceedings, also seek review by a higher court and relief while a case is pending. However, they are possible only when expressly allowed by statute. Our appellate attorneys help trial lawyers evaluate statutory authorization, whether adverse decisions or disputed actions fall within categorical entitlements or recognized patterns, and options for discretionary review.
Exploring the possibility for interlocutory appeal is an exercise that can benefit from the insight of experienced appellate lawyers. In addition to identifying when they are appropriate, our team also works with the efficient, timely, and decisive action these accelerated appeals demand.
Hendershot, Cannon & Hisey, P.C. provides strategic and immediate counsel and trial support for civil litigation, appellate proceedings, mandamus petitions, and interlocutory appeals. Our appellate team works with trial counsel, plaintiffs, and defendants in state and federal courts, and is led by Managing Shareholder Trey Hendershot, who has presented before various Texas State Court of Appeals and the U.S. Court of Appeals for the Fifth Circuit.
From litigation strategy and interim or immediate remedies to research, writing, briefs, and oral arguments, we lend a comprehensive and experienced hand to trial attorneys. Contact our firm to learn speak with an experienced Texas appellate lawyer.