Error Preservation in Texas Civil Cases, October 10, 2020

October 20, 2020

Hey, everyone.  Only one error preservation case that I thought you might want to see this week.  It reaffirms that you must present your complaint to the trial judge and get a ruling:

Testimony: “The Lunas’ motion referenced Texas Rule of Civil Procedure 270, which allows a trial court to permit additional testimony to be offered. See Tex. R. Civ. P. 270. There is no indication that the Lunas actually presented a motion under Rule 270 to the trial court or that it ruled on such a motion. To the extent that the Lunas claim that the trial court should have permitted additional testimony, they have failed to preserve error on that claim. See  Tex. R. App. P. 33.1(a) (requiring timely objection and ruling to preserve error).” Luna v. Pickel, No. 02-19-00371-CV, 2020 Tex. App. LEXIS 8011, at *39 n.12 (Tex. App.—Fort Worth Oct. 8, 2020)

You all stay safe and well, and enjoy the nice weather today–tomorrow (at least in the Metroplex) brings warm weather again.

Yours, Steve Hayes

shayes@stevehayeslaw.com; 817/371-8759; www.stevehayeslaw.com

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