2019

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

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

Dear All: Table of Contents: The Supreme Court held that an issue was expressly presented in a motion for summary judgment–and also reminded us that our complaints must be raised in the trial court In one case, a court held that a party did not waive its complaint about the judgment by “drafting, submitting, and