August 2019

Dear All: As we come to the end of the fiscal year for the courts of appeals, here are some of the error preservation decisions from last week. Table of Contents You don’t have to cite the specific case in your summary judgment response in order to rely on that case on appeal—merely arguing its […]

Hello, Buckaroos: Here are some of the error preservation decisions from last week. Table of Contents Your complaint must be timely–which, for a complaint about a visiting judge, means it cannot be made before his/her assignment, and must be made within seven days thereafter You have to comply with the pertinent rules You have to

Dear All: Here are some of the error preservation decisions from the last few days. Table of Contents This case involved an extensive discussion about when including an instruction in a charge caused such egregious harm that it amounted to fundamental error that a complaint about it could first be raised on appeal Just putting

Dear All: Here are some of the error preservation decisions from last week. Table of Contents One case held that you can preserve a complaint about receiving insufficient notice of a hearing by raising it in a motion to reinstate For a bench trial, you can first raise sufficiency complaints on appeal You have to

Dear All: Here is a list of those things covered in this entry in the blog: Table of Contents A pre-emption argument that challenges a trial court’s subject matter jurisdiction can first be raised on appeal A party preserved its complaint that a trial court improperly excluded evidence You have to make your complaint in

Dear All: I apologize for the long hiatus in publishing this. I got busy with work and traveling to speak, and got way behind. I’m now pretty much bushed from gathering the last several weeks worth of error preservation decisions, so the compilation below is not edited as well as I normally do. Table of