Appellate Law

In Discretionary Situations, Mandamus does not Compel Particular Exercise of Discretion

Mandamus is an extraordinary remedy.  When a party directs a petition for mandamus to an order that the trial court entered in exercise of its discretion, the appellate court may compel the exercise of discretion, but it may not compel that exercise in a particular manner.  The appellate court also may correct an abuse of discretion via a mandamus petition.  When the order that the appellate court remands to the trial court is not a final judgment, the trial court may accept additional evidence before exercising its discretion and entering a new order.  Ex parte S.C., No. 2080419  (Ala. Civ. App. Aug. 14, 2009).

Full post as published by Alabama Appellate Watch on August 21, 2009 (boomark / email).