Mandamus Petition

Does filing a mandamus petition automatically stay the trial court order at issue?

No. However, the litigant filing a mandamus petition may file a motion in the court of appeals to stay the underlying order. See Texas Rule of Appellate Procedure 52.10(a). It is important to note that the court of appeals cannot consider such a motion until the mandamus petition itself has been filed. See In re Terminix Int’l Co., L.P., 131 S.W.3d 651, 653 (Tex. App. — Corpus Christi 2004, orig. proceeding).

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