Miller Dollarhide, P.C. v. Tal

KAUGER, J.;

1 The question presented is one of first impression. Does an order of this Court assuming original jurisdiction, but denying mandamus relief as it relates to a pending controversy between the parties, bar review on direct appeal of the same claims made in the course of the mandamus proceedings? We hold that the summary denial of the writ should not be given preclusive effect in proceedings on direct appeal.

FACTS

2 Only the following facts are relevant to the disposition of this appeal. 1 The appellee, Miller Dollarhide, P.C. (Miller Dollarhide/law firm) and the appellant, Moshe Tal…