January 2021

January 30, 2021 Dear All: Well, the first month of the new year certainly whizzed by.  I hope all of you remain safe and well and busy. Table of Contents Some things–most prominently, subject matter jurisdiction–may first be raised on appeal The complaint you make on appeal must be one you raised in the trial […]

January 23, 2021 Dear All: If you’re an appellate lawyer, you dream about a case like the first one discussed below–a court of appeals analyzing whether the complaint was “made with sufficient specificity to make the trial court aware” (an aspect of preservation courts rarely address), the complaint focusing on appellate attorney’s fees–and someone testifying

January 16, 2021 Dear All: This was a little bit of a sleepy week, from an error preservation standpoint. I hope everyone remains safe and healthy, and enjoys what promises to be a beautiful (if maybe a little chilly) weekend. Table of Contents Some issue can first be raised on appeal–that a traditional summary judgment

January 11, 2021 Dear All: Sorry for the delay. This pesky day job got in the way.   Thankfully, the error preservation case load from the courts of appeals was not as heavy in the first week of the New Year as it was in the last week of last year. Table of Contents Only on

January 3, 2021 Dear All: Happy New Year! 2020 went out with a bang, error preservation-wise. Not because of any Supreme Court rulings, but because of the number of rulings, and topics addressed, by the courts of appeals. As the Table of Contents reveals, the courts were busy, busy this week–perhaps because some justices were