Error Preservation in Texas Civil Cases, September 25, 2021

September 25, 2021

Dear Friends:

Table of Contents

You have to get a ruling

Bill of Review

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

Attorney Ad Litem


You have to get a ruling:

Bill of Review: “Although Shelby’s formal bill of exceptions was timely filed, nothing in the record shows that it was presented to the trial judge or agreed to by James according to the procedure [*20] set forth in Rule 33.2. Tex. R. App. P. 33.2(c). Thus, Shelby cannot complain about the trial court’s failure to take action on the formal bill. Cf. Bryan v. Watumull, 230 S.W.3d 503, 516-17 (Tex. App.–Dallas 2007, pet. denied) (holding that formal bill of exceptions not presented to trial judge or agreed to by appellee preserved nothing for review).” Shelby v. James, No. 02-20-00052-CV, 2021 Tex. App. LEXIS 7870, at *19-20 (Tex. App.—Fort Worth Sep. 23, 2021)

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


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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