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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

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

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

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

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

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

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

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

Dear All: Other than the cases holding that parties did not preserve error because they did not raise an issue at all at trial, the last two weeks were a pretty light haul.  But the courts reminded us that a couple of things you can raise for the first time on appeal: lack of subject matter jurisdiction,