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Dear All: Here is a list of those things covered in this entry in the blog: Table of Contents You may preserve a legal and factual sufficiency complaint in your motion for new trial You can waive a complaint about the lack of pleading a cause of action if you try the issue by consent […]

Dear All: Here is a list of those things covered in this entry in the blog: Table of Contents A case in which a party preserved its objection about the trial court’s exclusion of some Google Earth photos A case in which a party preserved an objection to certain witnesses–even though her motion was called

Dear All: Here is a list of those things covered below-marked by the coincidence of several cases dealing with preserving error concerning the failure to segregate attorney’s fees: Table of Contents Both the majority opinion and concurrence, which focus us on the issues involved in preserving an objection about the failure to segregate attorney’s fees

Dear All: Opinions compiled in this blog entry deal with the following error preservation topics: Table of Contents Clerk’s Record Special Appearance Subject Matter Jurisdiction Your complaint in the trial court must be timely You have to obtain a ruling on your complaint in the trial court You must comply with the pertinent rules The

Hidy Ho. Table of Contents Supreme Court once again weighed in on whether an implied ruling could preserve an objection to summary judgment evidence Interestingly, here is a case in which a trial court did issue a written ruling on objections to summary judgment evidence (depositions), albeit in an informal (though signed) fashion, by taking

Hey, Buckaroos: Well, yes, and here we go again, though there is not much to talk about this week. Table of Contents Your complaint must be timely: You must get a ruling on your complaint: Your complaint on appeal must comport with the complaint you made at trial:   Your complaint must be timely:  

Dear All: Table of Contents While it may be limited to its facts, or to Texas Citizens Participation Act cases, in a recent case the Supreme Court reiterated that “‘parties are free to construct new arguments [on appeal] in support of issues properly before the Court’,” and that a party is “not required on appeal or at trial

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

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

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