Friday, April 17, 2009

Staying Execution of a Mandate

Our own 10th Court of Appeals in Waco decided an interesting procedural case yesterday.  Chief Justice Gray's introduction cleanly states the issue:

In a prior proceeding, we were asked to decide certain issues. We did. We issued an opinion. In that opinion we decided only the specific issues presented to us by the parties then before us. We issued a judgment. Review was sought but denied. We issued our mandate.

The trial court has now allowed a new party to intervene in the proceeding in the lower court. The trial court has abated the proceeding until more parties are added to the proceeding in the lower court. The trial court has stayed the execution of the judgment.

We are now asked to compel the trial court to set aside these orders and enforce our mandate.


The court correctly determines that the trial court abused its discretion and conditionally issued the writ of mandamus.  Click here to download the full opinion.  -RR

http://lawprofessors.typepad.com/civpro/2009/04/staying-execution-of-a-mandate.html

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