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Dear All: Table of Contents Some issues–like lack of subject matter jurisdiction, and a parent’s complaint that his attorney had no authority to enter a Rule 11 agreement in a termination proceeding–may be raised for the first time on appeal A court of appeals held that it will address whether a cause of action should […]

Dear All: I’ve gotten a little closer to catching up, owing to the fact that the courts of appeals did not issue a lot of error preservation decisions in the last couple of weeks. Table of Contents You have to obtain a ruling on your complaint You have to comply with the pertinent rules Now

Dear All: I’ve been delinquent on this update for a while now; between the day job and rehabbing from rotator cuff surgery, I’ve had to postpone some of the more joyful things in my life, like updating this post and eating ice cream right-handed.  I’ve still not caught up here, but will try to get

Dear All: After a big push to get cases out the door before the end of the year, the courts seem to have taken a little breather.  So we do not have many error preservation rulings in the first three weeks of the new year. Table of Contents Some issues–like lack of subject matter jurisdiction–may

Dear All: Welcome to 2019!  I hope this New Year becomes your best ever. I’ve failed to update this for way too long, so this is longer than it should be. Table of Contents Always have a prayer for general relief in your pleading Some issues–like exclusive jurisdiction, the contention that an expert’s report was

Dear All: Table of Contents Some complaints can be raised for the first time on appeal–like ineffective assistance of counsel in a parental right termination case A recent case brought to mind the split of authority on the issue of whether a complaint about the form of a temporary injunction order can first be raised

Dear All: Table of Contents Some complaints can be raised for the first time on appeal–like ineffective assistance of counsel in a parental right termination case Your complaint must be timely You have to comply with other pertinent rules You must get a ruling on your complaint   Some complaints can be raised for the

Dear Folks: Table of Contents Your complaint must be sufficiently specific You can first complain on appeal about the fact that the summary judgment purports to decide a claim not addressed in the summary judgement motion-an error preservation doctrine seemingly at odds with the fact that you must complain about a defect in a non-msj

Dear All: While it involved a complaint that was not preserved, and I have typically quit mentioning those in this blog, you need to read both the majority and dissenting opinions in a case which dealt with “agreed to” language in a judgment, and when such language waives a complaint in an agreed judgment (and the effect of that

Dear Folks: I know, it’s been a few weeks.  The courts took a little bit of a breather following the rush to get cases out the door before the end of their fiscal years, so I thought I would wait until I had a few cases to post.  This entry will cover the following recent