September 25, 2021
Dear Friends:
Table of Contents
You have to get a ruling
Bill of Review
While I won’t profile them here, opinions this week reaffirmed that you must make complaints about the following in the trial court
Attorney Ad Litem
Continuance
Evidence
Blurbs
You have to get a ruling:
Bill of Review: “Although Shelby’s formal bill of exceptions was timely filed, nothing in the record shows that it was presented to the trial judge or agreed to by James according to the procedure [*20] set forth in Rule 33.2. Tex. R. App. P. 33.2(c). Thus, Shelby cannot complain about the trial court’s failure to take action on the formal bill. Cf. Bryan v. Watumull, 230 S.W.3d 503, 516-17 (Tex. App.–Dallas 2007, pet. denied) (holding that formal bill of exceptions not presented to trial judge or agreed to by appellee preserved nothing for review).” Shelby v. James, No. 02-20-00052-CV, 2021 Tex. App. LEXIS 7870, at *19-20 (Tex. App.—Fort Worth Sep. 23, 2021)
All for now. Y’all have a great weekend, and stay safe and well.
Yours,
Steve Hayes
shayes@stevehayeslaw.com; 817/371-8759; www.stevehayeslaw.com