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Resp to Pet for Writ of Mandamus doc - supreme courts state tx

Resp to Pet for Writ of Mandamus doc - supreme courts state tx 2025

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The document is a legal response to a petition for writ of mandamus in the Supreme Court of Texas regarding a case involving Dr. Michael A. Earle. The relator argues that the trial judge abused her discretion by granting a new trial after setting aside a jury verdict, claiming insufficient justification for this decision. The response contends that the trial court provided adequate reasons for the new trial based on the evidence presented and asserts that appellate courts should not review factual sufficiency through mandamus. The document emphasizes the broad discretion afforded to trial judges in such matters.

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Does the Supreme Court have the power to issue a writ of mandamus?

The fee to file a petition for writ of mandamus (also known as a mandamus petition) in the Texas Supreme Court is generally $155. Electronic filing providers often charge an additional fee, which would not be charged if a party were providing a check directly to the court of appeals.

What is the standard for mandamus in Texas?

The general rule for when mandamus relief may be granted is when the trial court clearly abused its discretion, and there is not an adequate remedy available from a court of appeals.

What is the Supreme Court rule for mandamus in Texas?

The core requirements for mandamus relief are twofold: (1) the petitioner must demonstrate that a courts ruling is a clear abuse of discretion and (2) the petitioner has no adequate remedy by appeal. 1 However, one must be mindful that mandamus is an extraordinary remedy and not a matter of right.

How much is a writ of mandamus in Texas?

The Texas Rules of Appellate Procedure do not impose a deadline as to when a writ of mandamus must be filed. It is prudent, however, for relators seeking mandamus relief in Texas family-law cases to act promptly, as the courts do not look kindly on unjustified delays.