February 2022

February 28, 2022 Dearly Beloved: Table of Contents While there may be a conflict among the courts of appeals, here is one court which recently held that a post-dismissal motion is not necessary to complain about death penalty sanctions (assuming you complained about the same before the sanctions were imposed) Death Penalty Sanctions (Discovery) Your […]

February 18, 2022 Dearly Beloved: There are a relatively few preservation decisions this week, allowing us to contemplate each more fully.  Or, alternatively, adjourn to the basketball game earlier. Table of Contents Though there is a split of authority, most courts hold that your opponent can first complaint on appeal that a temporary injunction order

February 12, 2022 Dearly Beloved: Table of Contents Some might argue that a failure to preserve a complaint might deprive the Supreme Court of jurisdiction over a case involving that complaint. The Supreme Court had no problem rejecting that argument (at least in a case in which it rejected the complaint itself) Jurisdiction I don’t

February 7, 2022 Dear Friends: Table of Contents Here is a court holding that fundamental error exists, which can first be raised on appeal–a situation which does not happen very often Pleading Your complaint must comply with the pertinent rules Affirmative Defenses Summary Judgment Your complaint must be timely Conflicting Jury Answers Receiver While I

February 3, 2022 Dear Friends: Table of Contents A complaint of judicial bias, while first raiseable (if that’s a word) on appeal, requires a showing the bias probably caused the rendition of an improper judgment Judicial Bias Though long, this opinion reminds us that improper severance is a complaint which can first be raised on