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Dear All: I apologize for the long hiatus in publishing this. I got busy with work and traveling to speak, and got way behind. I’m now pretty much bushed from gathering the last several weeks worth of error preservation decisions, so the compilation below is not edited as well as I normally do. Table of […]

Dear All: Interestingly enough, there were not a lot of error preservation decisions this last week, or at least not a lot that I caught. One relatively important one that I had not seen in the last six years or so–that the failure of the trial court to join an indispensable party is a jurisdictional

Dear All: Table of Contents Irreconcilably Conflicting Jury Answers One court of appeals held that a delay in seeking a hearing on a motion to transfer venue did not waive the motion You have to bring your complaint to the trial court’s attention–and merely filing your motion with the clerk does not do that You

Dear All: Table of Contents Your complaint has to be timely–and the Supreme Court extensively discussed that concept of timeliness, in the context of a Chapter 150 dismissal for lack of a certificate of merit One court of appeals implied that a party may first complain on appeal that action by the trial court on

Dear All: Table of Contents The Supreme Court held that one complaint which may be raised for the first time on appeal is a complaint about the specificity of a court order establishing what a parent must do to receive child custody, when a parental-right termination under Family Code Section 161.001(b)(1)(O) is based on a

Dear Gang: The main takeaway this week:  get a ruling on your complaints.  If you don’t, you’ve not preserved error. You must get a ruling on your complaint:   Affidavit: “A well-developed body of law governs affidavits in the summary judgment context. The case law draws a distinction between defects in form and substance. See Dailey

Dear All: Table of Contents: The Supreme Court held that an issue was expressly presented in a motion for summary judgment–and also reminded us that our complaints must be raised in the trial court In one case, a court held that a party did not waive its complaint about the judgment by “drafting, submitting, and

Dear All: Well, the courts have been busy the last couple of weeks. Table of Contents Some issues you can raise for the first time on appeal Several cases held that parties preserved a complaint about the charge You have to comply with the pertinent rules The complaint you raise on appeal must comport with

Dear All: Table of Contents The Supreme Court was busy on error preservation recently, holding: a motion to reform a judgment is a timely means in which to challenge a judgment because it relied on an improper theory of recovery–and furthermore approving the specificity with which the party raised its complaint that a party does

Dear All: Table of Contents Some issues that can be raised for the first time on appeal: lack of subject matter jurisdiction (standing), and the fact that an unsigned mediated settlement agreement in a family law matter is not binding A complaint was not sufficiently specific Parties did not waive a complaint as to the