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Error Preservation in Texas Civil Cases, May 9, 2022

May 9, 2022 Dearly Beloved: Don’t pay the ransom, I’ve escaped.  The pesky day job kept getting in the way.  🙂 Table of Contents Subject matter jurisdiction–typically a complaint that can be raised anytime, but sometimes failing to raise that complaint in parental right termination cases, concerning the trial court taking too long to terminate …

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Error Preservation in Texas Civil Cases, March 9, 2022

March 9, 2022 Dearly Beloved: Lots of activity this last week, including the Texas Supreme Court’s extensive discussion about what qualifies as a ruling on an objection to summary judgment evidence, and a couple of courts talking about when complaints were sufficiently specific: Table of Contents Courts don’t often address the specificity of the complaint, …

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Error Preservation in Texas Civil Cases, February 28, 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 …

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Error Preservation in Texas Civil Cases, February 18, 2022

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 …

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Error Preservation in Texas Civil Cases, February 12, 2022

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 …

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Error Preservation in Texas Civil Cases, through February 5, 2022

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 …

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