On June 8, 2022, the Tenth Court of Appeals in Waco issued its opinion in a mandamus proceeding filed in a case in which Ford + Bergner LLP attorneys were representing the party defending against the mandamus.
A mandamus action is an action filed in the Court of Appeals asking the Court to order a trial court judge to overturn his order in a pending case in the trial court. Normally, a mandamus is filed when the trial court issues an offending order prior to the conclusion of any trial, and ordinarily, the party seeking madamus must demonstrate that there’s an important reason that the court of appeals should act prior to the conclusion of the trial.
In the case at issue, F+B attorneys argued in the trial court that the opposing party should be required to produce some records and information related to a Will contest. When the trial court granted F+B’s request, the opposing party sought mandamus to keep from having to produce the records. F+B filed a lengthy brief in the court of appeals explaining to the justices why the order was proper and why the justices should not grant the mandamus. In a unanimous opinion, the Tenth Court of Appeals affirmed the trial court’s order requiring the opposing party to turn over records.
Ford + Bergner LLP handles all aspects of litigation related to contested estate, trust, and guardianship cases, including any actions that arise in the Court of Appeals during or after a case has been completed. We have a solid history in the Court of Appeals. Should you find yourself needing an attorney who handles complex appeals of estate, trust, and guardianship litigation issues, please call us.