Year: 2019

Error Preservation in Texas Civil Cases, August 10, 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 …

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Error Preservation in Texas Civil Cases, August 4, 2018

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 …

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Error Preservation in Texas Civil Cases, June 11, 2019

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 …

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Error Preservation in Texas Civil Cases, June 3, 2019

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 …

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