Dear All: My search engine hit a glitch this week, so I used FastCase (available through the State Bar) to find the cases here. You will have the case number from the court, but not a Lexis or Westlaw cite. FastCase has some neat features–it’s public link, for instance, which allows you to provide any …
Error Preservation in Texas Civil Cases, June 2, 2018 Read More »
Dear All: Had some spare time, so thought I would update with this week’s stuff. Table of Contents The Supreme Court weighed in on error preservation as to a Casteel complaint, but really said nothing new, that I could tell: You can raise some complaints for the first time on appeal–for example, lack of legally and factually …
Error Preservation in Texas Civil Cases, May 26, 2018 Read More »
Table of Contents Here is another court which struggles when trying to determine whether something is an issue–which must be raised in the trial court–as opposed to an additional argument which supports an issue. The Court concluded that it was dealing with an additional argument, as opposed to a newly raised issue: Concerning a fact …
Error Preservation in Texas Civil Cases, May 19, 2018 Read More »
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 …
Error Preservation in Texas Civil Cases, May 8, 2018 Read More »
Dear All: Table of Contents The Supreme Court recently confirmed that a party “was not required on appeal or at trial to rely on precisely the same case law or statutory subpart that we now find persuasive” in order to preserve an issue, reminding us that “parties are free [on appeal] to construct new arguments …
Error Preservation in Texas Civil Cases, April 28, 2018 Read More »
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 …
Recent Texas Supreme Court Error Preservation Decisions, April 20,2018 Read More »
Dear All: Table of Contents Compilation of many examples of formal deficiencies of affidavits–which you have to object to in the trial court–and substantive objections, which you can raise for the first time on appeal: You don’t waive your right to challenge a severance by failing to file a motion to transfer venue: There are …
Error Preservation in Texas Civil Cases, March 31, 2018 Read More »
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 …
Error Preservation in Texas Civil Cases, March 17, 2018 Read More »
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 …
Error Preservation in Texas Civil Cases, March 3, 2018 Read More »
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 …
Error Preservation in Texas Civil Cases, February 20, 2018 Read More »
