If a Texas Judge (Justice) in the appellate court is refusing to perform a lawful duty in your active appeal, and you want to mandamus him, should you file the mandamus petition in the same civil appeals court? Or file it in the Texas Supreme Court?
Yes, but I would talk to an attorney about it before you do. Read Texas Rules of Appellate Procedure, Rule 52.
Ms. Laster practices in Dallas, Denton, Collin and Tarrant Counties.
If your complaint is that the court has not yet ruled on the appeal, that is not subject to mandamus review since the court has discretion on when to rule. You should consult with an appellate attorney first before filing any mandamus petition, because if your mandamus request is frivolous, then you've just hurt your chances of winning the appeal.
I agree with the other answers discuss this matter with your appellate lawyer
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