the presentation materials
IS MY CASE MANDAMUSABLE? A GUIDE TO THE CURRENT STATE OF TEXAS MANDAMUS LAW Presentation By: Justice Marialyn Barnard Emmanuel Garcia What is Mandamus? ¢ A petition for writ of mandamus is: An original appellate proceeding that seeks extraordinary relief A court order to perform some specific legal duty to which the relator is entitled to Allows a party to appeal a court s ruling before final judgment substantially deprives the relator s rights Jurisdiction ¢ Who should attorneys seek relief from? Intermediate Appellate Courts Article V, Section 6 of Texas Constitution ¢ . . . as may be prescribed by law ¢ TEX. R. APP. P. 52.3(e) ¢ Mandates relief first be sought in intermediate appellate courts ¢ Supreme Court of Texas Article V, Section 3 of Texas Constitution ¢ . . . as may be necessary ¢ Concurrent jurisdiction with court of appeals ¢ May bypass appeals court if compelling reasons exist ¢ What is Mandamus: The Two Prong Standard ¢ Walker v. Packer set the two-prong standard necessary for courts to grant mandamus relief Clear Abuse of Discretion No Other Adequate Remedy at Law is Available What is Mandamus: The Two Prong Standard Clear Abuse of Discretion ¢ Differing minds between courts isn t enough ¢ ¢ Must be shown decision was arbitrary and unreasonable Misapplying the relevant law What is Mandamus: The Two Prong Standard No Other Adequate Remedy at Law is Available ¢ Balancing test set in In re Prudential Insurance Co. of America ¢ ¢ Determination heavily depends on each case s circumstances Will mandamus relief . . . (1) preserve a relator s substantive and procedural rights from impairment or loss (2) allow the appellate courts to give needed and helpful direction to the law that would otherwise prove elusive in appeals (3) prevent the waste of public and private resources invested in proceedings that would eventually be reversed Common Reasons For Denial of Mandamus Relief ¢ Compliance with Texas Rule of Appellate Procedure 52 Adequate Record Certification Common Reasons For Denial of Mandamus Relief ¢ Disputed Areas of Fact Mandamus relief will not issue if the right to relief turns on an issue of fact. However, appellate courts may issue mandamus relief if the existence of a question of fact is wholly irrelevant to any issue before the court or is a matter that cannot be litigated in the case. Common Reasons For Denial of Mandamus Relief ¢ Predicate Request Mandamus is not available to compel a trial court to act if the action has not first been requested and refused by the trial court When the request to the trial court would be futile, parties are excused from this requirement Common Reasons For Denial of Mandamus Relief ¢ Delay An unexplained delay in seeking relief from a trial court s order can result in a summary denial of a mandamus petition May raise defense of laches When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Discovery ¢ Discovery orders Leaving the appellate court unable to correct error Severely compromise or vitiate a party s ability to present a viable claim or defense When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Discovery ¢ Setting aside a valid discovery agreement without good cause When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Discovery ¢ Order abating all discovery When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Discovery ¢ Discovery Sanctions ¢ Imposing monetary penalty on a party s prospective exercise of its legal rights When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Discovery ¢ Pre-suit Discovery ¢ Texas Rule of Civil Procedure 202 When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Disqualification and Conflicts of Interest ¢ Trial Court Judge ¢ Trial Counsel When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Venue ¢ Enforce Mandatory Venue Provisions ¢ Failure to Follow Texas Rule of Civil Procedure 87 ¢ Exceptional Circumstances When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Plea in Abatement ¢ When trial court interferes with another trial court exercising dominant jurisdiction When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Plea to the Jurisdiction ¢ Two exceptions: ¢ ¢ Denial of the plea and rendering of an order that directly interferes with another court s jurisdiction When an agency has exclusive jurisdiction over a dispute When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Erroneous grant or denial of a temporary restraining order When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Temporary Injunction ¢ When an accelerated appeal would be inadequate When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Motion for Continuance ¢ ¢ Look at circumstances of each individual case May correct trial court s error to promote judicial efficiency and use of resources When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Gag Orders ¢ No adequate legal remedy from gag order ¢ ¢ Relator would be restrained in speech Harm suffered from order could not be repaired on appeal When is Mandamus Review Appropriate? ¢ Recent Severance ¢ issues subject to mandamus Waste of judicial and public resources Consolidation ¢ Extraordinary circumstances, such as unable to remedy likely juror confusion When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Ruling on Pending Motions ¢ Relator must establish the trial court (1) had legal duty to perform a nondiscretionary act (2) was asked to perform the act, and (3) failed or refused to do so When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Void Order ¢ ¢ Beyond court s jurisdiction; plenary power has expired Different from voidable orders When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Arbitration ¢ Order Denying Motion to Compel Arbitration ¢ Order Granting Motion to Compel Arbitration ¢ Other Orders ¢ Review order under FAA that appoints arbitrator ¢ Enforce mandatory venue provision ¢ Improperly defer ruling on motion to compel arbitration When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Elections ¢ Texas Election Code Section 273.061 When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Enforce Contractual Rights For example (1) when parties agree to submit to an appraisal process to determine the value of the loss of the vehicle, (2) a contractual jury- waiver provision, and (3) a binding forum-selection clause. ¢ When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Appointment of Guardian Ad Litem Texas Rule of Civil Procedure 173.7 ¢ When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Regularly available in Family Law Proceedings ¢ Order affecting parent-child relationship ¢ Failure of trial court to comply with certain duties When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Criminal Proceedings ¢ Different standard than in civil cases because it requires the act sought to be compelled is ministerial rather than discretionary Relator must establish: (1) the act sought to be compelled is ministerial, and (2) there is no other adequate remedy at law ¢ When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Motion for New Trial ¢ In re Columbia ¢ Trial court must specify the reasons for disregarding the jury s verdict in the order granting a motion for new trial When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Motion for New Trial ¢ In re United Scaffolding, Inc. ¢ Supreme Court again focuses on specificity of the trial court order, not whether the substance of the trial court s reasons should be reviewed by the appellate court When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Motion for New Trial ¢ In re United Scaffolding, Inc. ¢ Court gave examples of when an order granting a new trial may rise to the level of an abuse of discretion (1) if the given reason, specific or not, is not one for which a new trial is legally valid, (2) if the articulated reasons plainly state that the trial court merely substituted its own judgment for the jury s, or (3) if the order, though rubber-stamped with a valid new-trial rationale, provides little or no insight into the judge s reasoning When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Motion for New Trial ¢ ¢ In re United Scaffolding, Inc. The court imposed a two-part test: ¢ The order must indicate that the trial judge considered the specific facts and circumstances of the case at hand and ¢ Explain how the evidence (or lack of evidence) undermines the jury s findings When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Motion for New Trial ¢ ¢ ¢ In re Toyota Motor Sales, Inc. Until the issuance of Toyota, courts had declined to conduct a merit-based review of new trial orders The court concluded, [H]aving already decided that new trial orders must meet these requirements and that noncompliant orders will be subject to mandamus review, it would make sense to conclude now that the correctness or validity of the orders articulated reasons cannot also be evaluated When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Motion for New Trial ¢ ¢ ¢ In re Toyota Motor Sales, Inc. Court determined that disallowing a merit-based review would work against the requirements in Columbia and render them mere formalities, lacking any substantive checks by appellate courts to ensure that the discretion to grant new trials has been exercised appropriately. Court concluded that even if the order complies with procedural requirements, the order cannot stand so long as the trial court s reasoning is not supported by the record When is Mandamus Review Appropriate? ¢ Recent issues subject to mandamus Motion for New Trial ¢ ¢ In re Toyota Motor Sales, Inc. The decision in Toyota finalizes the trilogy regarding new trial orders after a jury trial⎯a merit-based review of such orders is now subject to mandamus review How is Mandamus Law Affecting Trial Practice? ¢ More options for remedying a trial court s error prior to appeal ¢ A proper record and an appropriate order are essential to obtaining mandamus relief ¢ Timely seek such relief from a trial court s ruling Knowledge of the availability of mandamus relief is valuable for all parties
© Copyright 2024