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January 30, 2021 Dear All: Well, the first month of the new year certainly whizzed by.  I hope all of you remain safe and well and busy. Table of Contents Some things–most prominently, subject matter jurisdiction–may first be raised on appeal The complaint you make on appeal must be one you raised in the trial […]

January 23, 2021 Dear All: If you’re an appellate lawyer, you dream about a case like the first one discussed below–a court of appeals analyzing whether the complaint was “made with sufficient specificity to make the trial court aware” (an aspect of preservation courts rarely address), the complaint focusing on appellate attorney’s fees–and someone testifying

January 16, 2021 Dear All: This was a little bit of a sleepy week, from an error preservation standpoint. I hope everyone remains safe and healthy, and enjoys what promises to be a beautiful (if maybe a little chilly) weekend. Table of Contents Some issue can first be raised on appeal–that a traditional summary judgment

January 11, 2021 Dear All: Sorry for the delay. This pesky day job got in the way.   Thankfully, the error preservation case load from the courts of appeals was not as heavy in the first week of the New Year as it was in the last week of last year. Table of Contents Only on

January 3, 2021 Dear All: Happy New Year! 2020 went out with a bang, error preservation-wise. Not because of any Supreme Court rulings, but because of the number of rulings, and topics addressed, by the courts of appeals. As the Table of Contents reveals, the courts were busy, busy this week–perhaps because some justices were

December 26, 2020 Dear Friends: I hope everyone has had a safe, healthy, and happy holiday thus far, and that you anticipate more of the same in your future. Table of Contents You can raise standing for the first time on appeal–and the trial court can consider standing at any point in the proceedings You

December 19, 2020 Dear All: As we close in on the end of the year, I have not one clue as to how many opinions our appellate courts will churn out before the New Year.  But they show no signs of abating their productivity thus far, as our Table of Contents reflects: Table of Contents

December 12, 2020 Dear All: Here are a few error preservation rulings for your consideration, from this last week. Table of Contents If the parties and the trial court treat a motion in limine as if it was a motion to exclude the evidence, this case holds that the ruling on the motion preserves error

December 5, 2020 Dear All: Echoing the late Hunter S. Thompson, well, yes, and here we go again.  But it is a gorgeous day. Table of Contents We have to object to the failure of a court to grant a jury trial A party preserved its complaint as to the jury charge You can first

November 28, 2020 Dear All: I hope everyone enjoyed a great and safe Thanksgiving.  It was a gorgeous day, and now we look forward to some cold(ish) weather. Table of Contents Certain complaints about an interpreter may necessitate a motion for new trial, and an evidentiary hearing on that motion You can first raise a