D. Todd Smith's Answers

D. Todd Smith
Austin Appeals Lawyer.
Contributor Level 4

2

Attorney answers:

  1. D. Todd Smith
  2. Alan James Brinkmeier

When a decision on an appeal is reversed and remanded, what is the next step?

Asked by a user in Dallas, TX - almost 3 years ago.

It depends. Assuming you are in a Texas intermediate court of appeals, one side or the other might file a motion for rehearing, which would delay finality. Or one side or the other could pursue a petition for review in the Texas Supreme Court. Otherwise, the next step is for the appellate court to issue its mandate. The mandate is the official notice of the appellate court’s action, directed to the court below, advising the lower court of the appellate court’s action and directing that...

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