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April 17, 2021 Dear Friends: Table of Contents The Supreme Court does not often weigh in on error preservation, but I want to thank my friend David Gunn for bringing to my attention that it did so twice this week, in the same case.  The Court addressed an objection concerning an expert witness’s failure to […]

April 12, 2021 Dear Folks: Still catching up, but I anticipate I will have done so by the time this weekend rolls around. Table of Contents Sometimes, the circumstances will show that you had no reason to complain before you did Child Support You have to get a ruling on your objection–though I will point

April 7, 2021 Dear Friends: Sorry for the absence.  The pesky day job kept getting in the way. Table of Contents As far as I can recall, here is the first case holding that you have to raise a due process complaint in the trial court about the court conducting a Zoom trial Due Process

March 21, 2021 Dear Friends: Table of Contents An interesting twist on governmental immunity, as a subset of subject matter jurisdiction: immunity is a complaint that can first be raised on appeal–if the party suing the government has had an opportunity to develop the record about the statute granting immunity If you want to challenge

March 13, 2021 Dear Friends: Two uncommon gifts favor us this week–the Texas Supreme Court writes on an error preservation issue, and one court addressed whether a complaint was sufficiently specific. Table of Contents As the Supreme Court reminded us this week, the lack of an appropriate and complete jurat on an affidavit is a

March 6, 2021 Dear Friends: Table of Contents Your opponent can first complain on appeal that the trial court’s judgment erred by dismissing all claims against all parties when your motion for summary judgment only sought judgment on the claims against your client Judgment Your complaint must be timely Evidence You have to get a

February 27, 2020 Dear All: I hope everyone has managed to put the winter storm behind them and repair any damage, or at least can see that process coming to an end soon. Table of Contents You must make your complaint in a timely fashion TCPA Motion Your complaint on appeal must be the complaint

February 20, 2020 Dear All: I hope all of you came through this last week alright, and that you already have water, power, and needed repairs, or that they come your way in the very near future. Table of Contents Remember-you can devise new arguments on appeal to support complaints you preserved in the trial

February 14, 2020 Dear All: I did not purposely run a day late just to invade Valentine’s Day.  Having done so, consider this my bouquet to you all. Table of Contents Your complaint must be sufficiently specific to make the trial court [or agency, in an administrative matter] aware of the issue Attorney’s Fees Settlement

February 5, 2020 Dear All: Ever thought about whether you could first raise a vexatious litigant complaint on appeal? Me either. Table of Contents Some complaints may first be raised on appeal–including, as I may be the last to know, whether the vexatious litigant statute bars an appeal Vexatious Litigant The complaint you make on