What does ‘judgment issued as the mandate’ mean?

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What does ‘judgment issued as the mandate’ mean?

I am a pro se plaintiff and sued my
employer in U.S. District Court in
Dallas. The Defendant was granted
summary judgment, so I appealed to the
5th Circuit Court. The appellate court
carbon copied me on a letter that was
addressed to the trial clerk that read
Enclosed is a copy of the judgment
issued as the mandate. THAT IS ALL the
letter said. However, the appellate
court did not attach the judgment on my
copy. I didn’t even get to file my
appellate brief. I missed no deadlines
and have no sanctions. What possibly
could the mandate mean?

Asked on March 31, 2018 under Employment Labor Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

So a mandate comes at the conclusion of the Appeal and returns jurisdiction of the matter to the trial court.  There should have been an order wither affirming or reversing the original trial court's order.  I strongly suggest you go down to the Appellate court and ask to see what happened here.  Good luck.


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