November 2021

November 27, 2021 Dearly Beloved: Table of Contents BEWARE THE UNRECORDED, INFORMAL CHARGE CONFERENCE. You must make your complaint in the trial court–and the record must show that you did. Jury Charge Your complaint must be timely (which sometimes involves complying with the pertinent rules)  Affirmative Defense (Limitations) Damages Visiting Judge And this week is […]

November 22, 2021 Dear Friends: Table of Contents It is possible for a trial court to implicitly rule on your complaint, as here–but it still remains sound advice to avoid putting yourself in the position of having to establish an implied ruling Discovery Your complaint on appeal must be the same complaint you raised in

November 16, 2021 Dearly Beloved: Table of Contents Here is a case which illustrates the importance of having the trial court rule on a complaint–both because TRAP 33.1 requires a ruling, and because it requires that a complaint be brought to the trial judge’s attention Constructive Eviction While I won’t profile them here, opinions this

November 8, 2021 Dearly Beloved: Table of Contents Here, in a family law cases involving child custody, we see how it might be best (as here) to make a pre-trial demand that a court reporter record any interview of the children by the judge, and then complain on the absence of the court reporter from

November 6, 2021 Dearly Beloved: Table of Contents Here is a case which points out the problem of cutting a deal with the other side concerning a judgment, which includes mentioning your right to appeal the same–as this court of appeals brought up on its own, without the parties addressing preservation Summary Judgment The lack

November 1, 2021 Dear Friends: Table of Contents Your complaint must be sufficiently specific–and here’s one that was (you don’t see this preservation requirement addressed very often) Affidavit Here is a lesson in the dangers of just referencing prior paragraphs by number in your post-trial motions–you need to ensure those paragraphs make the arguments you