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Error Preservation in Texas Civil Cases, July 15, 2018

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 …

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Error Preservation in Texas Civil Cases, July 5, 2018

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 …

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Error Preservation in Texas Civil Cases, June 18, 2018

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 …

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Error Preservation in Texas Civil Cases, May 26, 2018

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 …

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Error Preservation in Texas Civil Cases, May 19, 2018

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 …

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Error Preservation in Texas Civil Cases, May 8, 2018

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 …

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Recent Texas Supreme Court Error Preservation Decisions, April 20,2018

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 …

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