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July 17, 2021 Dear Friends: Well, owing to the pesky day job of practicing law, I fell several weeks’ behind on error preservation decisions.  I’ll try to catch up this next week.  Here is the first installment, for the cases in the week ending June 26: Table of Contents The Supreme Court reminds of the […]

Juneteenth 2021 Dear Friends: It’s been too long coming.  Happy Juneteenth. Table of Contents An objection that an affidavit is conclusory can first be raised on appeal Two jury charge rulings remind us that objections must be timely, and that a complaint must be “‘”specific[] enough to support the conclusion that [the] trial court was

Dear Friends: In keeping with the typical fiscal year end, we have lots of preservation decisions from both SCOTX and the intermediate courts this week. Table of Contents The Supreme Court reaffirmed mootness is an issue which can first be raised on appeal sua sponte by a court, but that a constitutional complaint must be

June 5, 2021 Dear Folks: We have gotten to that time of the fiscal year (which ends August 31) when the courts of appeals become really intent on issuing opinions.  That usually coincides with a significant increase in error preservation decisions, and this year shows no signs of breaking from that rhythm. Sometimes, a court

May 29, 2021 Dear Friends: Tons of error preservation decisions this week, including a couple from SCOTX. The Supreme Court weighed in on a preservation argument in a discovery battle this week There is a case with a lengthy discussion of why a party did not waive its complaint that the TCPA did not apply

May 22, 2021 Dear Friends: Here are error preservation concepts addressed by courts this last week: These parties preserved their complaint by raising it in their summary judgment motions Res Judicata (Claim-Splitting) Though courts still have not devised a consistent test (in my opinion) to say this, the complaint you raise on appeal must be

May 15, 2021 Dear Friends: This was sort of an average to light week on the error preservation front, but there were a few cases worth noting. If you raise your complaint in the trial court in a timely, specific fashion, you will have preserved it Arbitrability: You have to get a ruling on your

May 8, 2021 Dear Friends: Happy Mother’s Day to all my maternal friends!  Enjoy the great weather, and the fact that there does, in fact, seem to be light at the end of the tunnel.  Here are the preservation issues which courts opined about this week: Your complaint must be sufficiently specific and brought to

May 2, 2021 Dear Friends: Table of Contents The Supreme Court addressed several error preservation concepts this week: 1) for a complaint first raised on appeal, which has to be raised in the trial court,, the Court can only consider the jurisdictional aspects of the complaint; and (2) to remind us that grounds which affirm

April 24, 2021 Dear Friends: Some 76 years ago today, in 1945, one Charlie R. Hayes enlisted in the Army.  With Germany’s surrender in a few days, all that remained was to train for the invasion of the Japanese home islands–an invasion that did not occur, hence allowing said Charlie R. to return home, marry,