In my nearly 40 years of experience as a writs attorney at the California Court of Appeal, I sometimes noticed that attorneys would file appeals of non-appealable orders or file mandate or prohibition writ petitions of appealable orders. Sometimes the mistake simply slowed down the process. Other times, the appellate court, strictly adhering to filing rules, refused to review the matter. The worst scenario was always where the filing of an appeal instead of a petition, or vice versa, robbed the appellate court of its jurisdiction to review the issue on its merits at all

This article should help clear up that confusion for advocates.

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