Description
This document includes a brief that explains the mandamus relief standard in the context of a Motion to Vacate and appraisal award. It was filed in the 4th Court of Appeals of Texas in 2020. The trial court case was in Webb County, Texas.
Because the brief is beautifully formatted in word, it is a good working template for filing a Petition for Writ of Mandamus.
Snippet From Brief:
The second requirement for mandamus to issue—the lack of an adequate appellate remedy—cannot be met if there is a “clear and adequate remedy at law, such as a normal appeal.” InreH.E.B.GroceryCo.,L.P., 492 S.W.3d 300, 304 (Tex. 2016) (quoting State v. Walker, 679 S.W.2d 484, 485 (Tex. 1984)). In a seminal opinion issued in 2004 [In re Prudential Insurance Co., 148 S.W.3d 124 (Tex. 2004)], the Texas Supreme Court revisited and restated the principles pertaining to mandamus review. Among other things, Prudential, addressed the vexing question of when an appellate remedy is “adequate.”
The complaint in this case was that the proper appraisal amount was not given to a homeowner’s insurance claimant when her property was damaged by hail.
