Error Preservation in Texas Civil Cases, July 3-10, 2021

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 have to comply with other pertinent rules


While I won’t profile them here, opinions this week reaffirmed that must make complaint about the following in the trial court

Judge’s Comments
Parent Child Relationship
Property Division
Rule 91a


You have to comply with other pertinent rules:

Venue: “Because it is undisputed that Heidi filed an answer and that her attorney filed a general denial approximately six months before filing the Plea, Heidi waived any objections to the alleged improper venue. See In re OSG Ship Mgmt., Inc., 514 S.W.3d 331, 337 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding) (“[U]nless venue is challenged by a motion to transfer venue filed before or concurrently with the defendant’s answer, any objection to venue is waived.” (citing Lui v. CiCi Enters. L.P., No. 14-05-00827-CV, 2007 Tex. App. LEXIS 81, 2007 WL 43816, at *2 (Tex. App.—Houston [14th Dist.] Jan. 9, 2007, no pet.) (mem. op.))); see also Tex. R. App. P. 33.1(a) (requiring as prerequisite to presenting complaint for appellate review that complaint was made to trial court by timely request, objection, or motion); Tex. R. Civ. P. 86(1) (“An objection to improper venue is waived if not made by a written motion filed prior to or concurrently with any other plea, pleading or motion except a special appearance motion provided for in Rule 120a.”).” Goepp v. Comerica Bank & Tr., N.A., No. 03-19-00485-CV, 2021 Tex. App. LEXIS 5461, at *8 (Tex. App.—Austin July 9, 2021)

All for now.  Y’all stay safe and well, and have a good weekend.

Yours, Steve Hayes; 817/371-8759;


Law Office of Steven K. Hayes

777 Main Street, Suite 600
Fort Worth, Texas   76102
Phone: 817/371-8759
Fax:     817/394-4436

Meetings with Mr. Hayes will be by appointment only.

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