Originally published by D. Todd Smith.
Some confusion exists about when an appellate court’s decision must be observed after the opinion and judgment have been released.
The rule is spelled out for accelerated appeals. In those cases, the court of appeals’ judgment takes effect when the mandate issues. See Tex. R. App. P. 18.6. In accelerated appeals, which are generally interlocutory, the appellate court often issues the mandate with its judgment, leaving no doubt about when the judgment must be observed.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
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