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September 4, 2021 Dear Friends: Well, I’m back to a week behind, but I’ll try to catch up this next week. Table of Contents I think this is the first civil case in which a court has held that a party did not preserve a complaint that a virtual trial violated his constitutional rights–and the […]

August 26, 2021 Dear Friends: Well, I got behind again, but I’m caught up–until Saturday.  🙂 Table of Contents I missed a big one in an earlier SCOTX opinion, which our friends with the State Bar’s Supreme Court Update webinar pointed out–to preserve a complaint about conflicting jury answers, you have to raised the complaint

August 17, 2021 Dear Friends: Caught up again, with a couple of interesting opinions about objecting to an expert post-trial (through a legal-sufficiency complaint) and preserving Casteel objections in a bench trial. Table of Contents How specific does the legal insufficiency challenge in the motion for new trial need to be to preserve a challenge

August 14, 2021 Dear Friends: Well, I’m back to a week behind, but I’ll try to catch up this next week.  This is for the week ending August 7, 2021. Table of Contents A party may first raise a governmental immunity argument on appeal-and such complaints come in many different forms You must get a

August 4, 2021 Dearly Beloved: Blame Randy Roach for whatever pain this causes you.  Just like he put me off into the error preservation morass about 15 years ago through a CLE paper assignment, he suggested a week or two ago that I put together a list of error preservation decisions by the Texas Supreme

August 2, 2021 Dear Friends: Table of Contents Here is a rare event-on rehearing, a court decided that it was previously wrong in holding that a party failed to preserve a complaint (in this instance, as to the failure of the trial court to hold an evidentiary trial on a claim for attorney’s fees) Evidentiary

July 30, 2021 Dear Friends: Caught up-until tomorrow. Table of Contents You can first raise some complaints on appeal–lack of standing, for example Standing For the most part, though, your objection at trial must be timely in order to preserve your complaint Evidence Jury Trial You have to comply with other pertinent rules Capacity While

July 30, 2021 Dear Friends: Still trying to catch up on the backlog, but I’m whittling it down.  Interestingly, I see what I think (based on my faulty memory) is a trend I normally see this time of year–the courts addressing error preservation issues on cases in the family law area. Table of Contents You

July 10-17, 2021 Dear Friends: Well-I’m making headway. Table of Contents Your objection at trial must be timely in order to preserve your complaint Evidence You have to get a ruling on your objection Hearsay You don’t see trial by consent come up very often, but here is one case which addressed it Pleading While

July 17-24, 2021 Dear Friends: I haven’t made much headway in working through the backlog, but I will go back and catch the cases from June 26 through July 17.  In the meantime, here is this week’s collection: Table of Contents One court provided a thorough discussion of two preservation requirements, and we’ll start with