June 2019

Dear All: Interestingly enough, there were not a lot of error preservation decisions this last week, or at least not a lot that I caught. One relatively important one that I had not seen in the last six years or so–that the failure of the trial court to join an indispensable party is a jurisdictional […]

Dear All: Table of Contents Irreconcilably Conflicting Jury Answers One court of appeals held that a delay in seeking a hearing on a motion to transfer venue did not waive the motion You have to bring your complaint to the trial court’s attention–and merely filing your motion with the clerk does not do that You

Dear All: Table of Contents Your complaint has to be timely–and the Supreme Court extensively discussed that concept of timeliness, in the context of a Chapter 150 dismissal for lack of a certificate of merit One court of appeals implied that a party may first complain on appeal that action by the trial court on

Dear All: Table of Contents The Supreme Court held that one complaint which may be raised for the first time on appeal is a complaint about the specificity of a court order establishing what a parent must do to receive child custody, when a parental-right termination under Family Code Section 161.001(b)(1)(O) is based on a

Dear Gang: The main takeaway this week:  get a ruling on your complaints.  If you don’t, you’ve not preserved error. You must get a ruling on your complaint:   Affidavit: “A well-developed body of law governs affidavits in the summary judgment context. The case law draws a distinction between defects in form and substance. See Dailey