What is the difference between a discretionary appeal and a mandamus petition?

Appellate law in Texas deals with the appeals process when a party is not satisfied with the outcome of a lower court trial. There are two primary ways for parties to challenge the decision of the lower court, through a discretionary appeal or a mandamus petition. A discretionary appeal is when a party seeks to challenge the lower court’s ruling because they disagree with the court’s decision. Parties must file a notice of appeal with the court in order to begin the process, and their appeal will only be heard if the court deems it worthy of consideration. A mandamus petition is used when a party believes that the lower court has abused its discretion or has failed to perform its duties. The petition is filed directly with the appellate court, bypassing the trial court. The court of appeals will then review the petition and order the trial court to take action. In summary, a discretionary appeal is used to challenge the lower court’s ruling, while a mandamus petition is used when the lower court is believed to have abused its discretion or failed to properly perform its duties. In either case, the party must file their appeal with the court in order to pursue their challenge.

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What is the difference between a discretionary appeal and a mandamus petition?

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