2019

Dear All: Well, the courts have been busy the last couple of weeks. Table of Contents Some issues you can raise for the first time on appeal Several cases held that parties preserved a complaint about the charge You have to comply with the pertinent rules The complaint you raise on appeal must comport with […]

Dear All: Table of Contents The Supreme Court was busy on error preservation recently, holding: a motion to reform a judgment is a timely means in which to challenge a judgment because it relied on an improper theory of recovery–and furthermore approving the specificity with which the party raised its complaint that a party does

Dear All: Table of Contents Some issues that can be raised for the first time on appeal: lack of subject matter jurisdiction (standing), and the fact that an unsigned mediated settlement agreement in a family law matter is not binding A complaint was not sufficiently specific Parties did not waive a complaint as to the

Dear All: Table of Contents Some issues–like lack of subject matter jurisdiction, and a parent’s complaint that his attorney had no authority to enter a Rule 11 agreement in a termination proceeding–may be raised for the first time on appeal A court of appeals held that it will address whether a cause of action should

Dear All: I’ve gotten a little closer to catching up, owing to the fact that the courts of appeals did not issue a lot of error preservation decisions in the last couple of weeks. Table of Contents You have to obtain a ruling on your complaint You have to comply with the pertinent rules Now

Dear All: I’ve been delinquent on this update for a while now; between the day job and rehabbing from rotator cuff surgery, I’ve had to postpone some of the more joyful things in my life, like updating this post and eating ice cream right-handed.  I’ve still not caught up here, but will try to get

Dear All: After a big push to get cases out the door before the end of the year, the courts seem to have taken a little breather.  So we do not have many error preservation rulings in the first three weeks of the new year. Table of Contents Some issues–like lack of subject matter jurisdiction–may

Dear All: Welcome to 2019!  I hope this New Year becomes your best ever. I’ve failed to update this for way too long, so this is longer than it should be. Table of Contents Always have a prayer for general relief in your pleading Some issues–like exclusive jurisdiction, the contention that an expert’s report was