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Dear All: I hope everyone had a great Thanksgiving, and looks forward to a wonderful holiday season to come. Table of Contents A party does not need to raise some complaints in the trial court–perhaps to an untranslated document completely in a foreign language (or, at least, one does not have to get a ruling […]

Dear All: Once again, there were not a lot of error preservation decisions last week–not unusual for this time of year. Table of Contents One case presented a reminder that a court of appeals will not consider, as a ground for reversing a summary judgment, an issue not expressly presented to the trial court by

Dear All: There were not a lot of error preservation decisions last week–not unusual for this time of year. Table of Contents A complaint about the lack of subject matter jurisdiction-such as a complaint that the trial court did not try a SAPCR before the dismissal deadline, nor properly extend that deadline-may be raised for

Dear Folks: The volume of decisions has followed its annual abatement trend since the end of the fiscal year on August 31. Both the justices and the staff attorneys had their respective annual meetings the first full week of September, and the Advanced Civil Appellate Seminar took place that same week. But the justices and

Dear All: Well, here we are at Labor Day–we may have the most brutal days of summer behind us, we can look forward to autumn, and the courts of appeals closed out the last week of their fiscal years (on August 31).  As usual, they issued a lot of opinions, and a lot of opinions

Dear All: As we come to the end of the fiscal year for the courts of appeals, here are some of the error preservation decisions from last week. Table of Contents You don’t have to cite the specific case in your summary judgment response in order to rely on that case on appeal—merely arguing its

Hello, Buckaroos: Here are some of the error preservation decisions from last week. Table of Contents Your complaint must be timely–which, for a complaint about a visiting judge, means it cannot be made before his/her assignment, and must be made within seven days thereafter You have to comply with the pertinent rules You have to

Dear All: Here are some of the error preservation decisions from the last few days. Table of Contents This case involved an extensive discussion about when including an instruction in a charge caused such egregious harm that it amounted to fundamental error that a complaint about it could first be raised on appeal Just putting

Dear All: Here are some of the error preservation decisions from last week. Table of Contents One case held that you can preserve a complaint about receiving insufficient notice of a hearing by raising it in a motion to reinstate For a bench trial, you can first raise sufficiency complaints on appeal You have to

Dear All: Here is a list of those things covered in this entry in the blog: Table of Contents A pre-emption argument that challenges a trial court’s subject matter jurisdiction can first be raised on appeal A party preserved its complaint that a trial court improperly excluded evidence You have to make your complaint in