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February 3, 2022 Dear Friends: Table of Contents A complaint of judicial bias, while first raiseable (if that’s a word) on appeal, requires a showing the bias probably caused the rendition of an improper judgment Judicial Bias Though long, this opinion reminds us that improper severance is a complaint which can first be raised on […]

January 22, 2022 Dearly Beloved: Table of Contents Sometimes, your complaint can be specific enough because of the way you highlighted an attachment to your motion for new trial–but I’d still recommend specifically describing the complaint in the motion Judgment If you announce you are ready to proceed, you will probably have waived the motion

January 15, 2022 Dear Friends: Table of Contents Even a constitutional complaint must be timely raised While I won’t profile them here, opinions for the last few weeks reaffirmed that you must make complaint about the following in the trial court Attorney’s fees Evidence Legal Sufficiency Pre and Post Judgment Interest Summary Judgment Blurbs Your

January 8, 2022 Dearly Beloved: Table of Contents Several holdings about the failure to object to a temporary injunction waiving certain complaints–which differs from a complaint that the temporary injunction does not comply with Rule 683, which first can be raised on appeal (Query: is this a distinction which might inform how we characterize our

January 1, 2022 Dearly Beloved: Happy New Year!  I hope this turns out to be your Best Year Yet! Table of Contents You have to comply with other pertinent rules–and even if the court of appeals previously ruled for you before remanding, you have to raise law of the case in your summary judgment response

December 27, 2021 Dearly Beloved: I hope everyone has had a splendid holiday season, and anticipates the Best New Year ever.  I’ve not reported in a few weeks because there were few error preservation cases, other than ones in which people had not raised their complaints at all in the trial court. Table of Contents

December 4, 2021 Dearly Beloved: Table of Contents An objection that summary judgment evidence is conclusory–even a statement included in a “certification of call,” which is a creature of criminal bond forfeitures–can first be raised on appeal Evidence Here is a case which discusses why an unpled cause of action was tried by consent Life

December 2, 2021 Dearly Beloved: Table of Contents Here is a very helpful case as to what will serve as an offer of proof Evidence Never underestimate the power of the legal sufficiency objection first raise in a motion for new trial Legal Sufficiency (Expert) Also never underestimate the power of getting an express ruling

November 27, 2021 Dearly Beloved: Table of Contents BEWARE THE UNRECORDED, INFORMAL CHARGE CONFERENCE. You must make your complaint in the trial court–and the record must show that you did. Jury Charge Your complaint must be timely (which sometimes involves complying with the pertinent rules)  Affirmative Defense (Limitations) Damages Visiting Judge And this week is

November 22, 2021 Dear Friends: Table of Contents It is possible for a trial court to implicitly rule on your complaint, as here–but it still remains sound advice to avoid putting yourself in the position of having to establish an implied ruling Discovery Your complaint on appeal must be the same complaint you raised in