March 18, 2023 Dear Folks: This week catches a couple of older Supreme Court error preservation rulings. Table of Contents Without expressly saying so, the Supreme Court held that a party may raise a complete lack of notice of a summary judgment hearing in a motion for new trial–and here, that included the lack of …
Error Preservation in Texas Civil Cases, March 18, 2023 Read More »
March 11, 2023 Dear Folks: Table of Contents Lack of subject matter jurisdiction can first be raised on appeal A complaint that an affidavit is conclusory can first be raised on appeal You have to get a ruling, which can be express or implicit, and can take many forms Continuance Your complaint must be timely …
Error Preservation in Texas Civil Cases, March 11, 2023 Read More »
March 7, 2023 Sorry, folks. I got way behind, trying to keep up with speaking, the ice storm, and the pesky day job. Table of Contents Some complaints can first be raised on appeal–and new arguments in support of a complaint at trial can, as well Government Immunity Expert (Assumptions) Legal and Factual Sufficiency (Bench …
Error Preservation in Texas Civil Cases, March 7, 2023 Read More »
January 16, 2023 Dear Folks: Table of Contents I decided to mention this case, because it deals with whether one can waive a claim of waiver–and it points out that 33.1 applies to how appellants preserve a complaint “for appellate review,” not whether appellees can argue something in support of what a trial court did …
Error Preservation in Texas Civil Cases, January 16, 2023 Read More »
January 4, 2023 Dear Friends: With this issue, I think I’ve just about caught up with the error preservation decisions for this fiscal year (i.e., starting September 1, 2022). I hope to do better for the remainder of this year, but you know how that goes. Table of Contents Sometimes, if your opponent addresses an …
Error Preservation in Texas Civil Cases, January 4, 2023 Read More »
December 31, 2022 Dear Friends: Between the pesky day job and remodeling the garage, I’ve gotten woefully behind on this blog. But this brings me up to date for the month of December as to error preservation decisions which actually cite 33.1. I’ll try to catch up on the others in the weeks to come. …
Error Preservation in Texas Civil Cases, December 31, 2022 Read More »
November 26, 2022 Dear Folks: I hope everyone had a good Thanksgiving. Table of Contents I’ve included the following discussion because one does not often see a court of appeals discuss whether it should raise error preservation sua sponte Legal and Factual Sufficiency Here is a case in which the non-movant preserved a complaint that …
Error Preservation in Texas Civil Cases, November 26, 2022 Read More »
November 8, 2022 Dear Folks: Table of Contents A party preserved the complaint that attorney’s fees could not be awarded against him individually One party preserved a complaint that the trial court improperly denied her request to late-file summary judgment evidence Keep in mind that legal and factual sufficiency complaints can first be raised on …
Error Preservation in Texas Civil Cases, November 8, 2022 Read More »
October 29, 2022 Dear Folks: Caught up. I think. Table of Contents Here is a case in which a party took advantage of the other side moving to reopen evidence in a bench trial on attorney’s fees to first assert a complaint about the failure to segregate–and the court of appeals held that complaint was …
Error Preservation in Texas Civil Cases, Oct. 29, 2022 Read More »
October 25, 2022 Dear Friends: Owing to the demands of the pesky day job, I fell way behind. This installment will mostly catch me up on error preservation holdings in Texas civil cases, save for the last week in September or so. Table of Contents Lack of subject matter can first be raised on appeal–even …
Catching Up: Error Preservation in Texas Civil Cases the last few weeks Read More »
