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Error Preservation in Texas Civil Cases, May 8, 2018

Dear All: Table of Contents Error preservation case involving the vexatious litigation code section of the Civil Practices and Remedies Code: Your complaint in the trial court must be sufficiently specific to make the trial court aware of your complaint, and must comport with the complaint you make on appeal: The complaint you raise on appeal …

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Recent Texas Supreme Court Error Preservation Decisions, April 20,2018

Dear All: Table of Contents So what about preserving a complaint about those conflicting jury answers? A contract’s illegality is an affirmative defense which must be raised in the trial court–not an impediment to a party’s standing, which is jurisdictional and can be raised at any time. You’ve not waived a complaint about the new …

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Error Preservation in Texas Civil Cases, March 17, 2018

Dear All: Table of Contents When you timely object to the evidence and get a ruling, you have preserved the objection you made: You have to comply with other pertinent rules: Your complaint must be timely–and sometimes accompanied by a running objection or recurring objections: This was sort of a light two weeks.  Perhaps chalk that up …

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Error Preservation in Texas Civil Cases, March 3, 2018

Dear All: Table of Contents Some things can be raised for the first time on appeal–like whether a court lacked subject matter jurisdiction because of an improper severance: Here are a few cases–including a Supreme Court opinion involving an evidentiary issue–in which parties preserved their complaints–one preserved a no evidence complaint through a motion jnov, and one …

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Error Preservation in Texas Civil Cases, February 20, 2018

Dear All: Table of Contents You can preserve an evidentiary objection by getting a ruling at a pre-trial conference:  A party preserved a Casteel objection concerning a damages question, and another held that a party did not waive a special appearance: Here is a case where a court held that a party did not preserve a Casteel objection to a …

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