August 26, 2021
Dear Friends:
Well, I got behind again, but I’m caught up–until Saturday. 🙂
Table of Contents
I missed a big one in an earlier SCOTX opinion, which our friends with the State Bar’s Supreme Court Update webinar pointed out–to preserve a complaint about conflicting jury answers, you have to raised the complaint before the trial court dismisses the jurors (no matter what a prior SCOTX plurality held)
Verdict
This case reminds us of the dangers of trying one’s attorney’s fees claim–or any other claim–in a bench trial–your opponent can first claim on appeal that you were barred from recovering fees at all
Attorney’s Fees
While I won’t profile them here, opinions this week reaffirmed that you must make complaint about the following in the trial court
Administrative Law
Constitution
Constitution
Evidence (Summary Judgment)
Evidence
Pleading
Blurbs
I missed a big one in an earlier SCOTX opinion, which our friends with the State Bar’s Supreme Court Update webinar pointed out–to preserve a complaint about conflicting jury answers, you have to raised the complaint before the trial court dismisses the jurors (no matter what a prior SCOTX plurality held):
Verdict: “A fatal conflict between jury answers exists when one answer would require a judgment in one party’s favor while another answer would require a judgment in the opposing party’s favor. USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 509 (Tex. 2018). But a party who claims that jury answers fatally conflict must raise that objection with the trial court before the court discharges the jury, so that the court can [**28] correct the error by providing additional instructions and retiring the jury for further deliberations. Id. at 518; see Tex. R. Civ. P. 295. Because Los Compadres did not object to the jury’s allegedly conflicting answers before the trial court discharged the jury, it cannot now complain that the conflicting answers [*788] undermine the judgment based on the jury’s verdict” Los Compadres Pescadores, L.L.C. v. Valdez, 622 S.W.3d 771, 787-88 (Tex. 2021)
This case reminds us of the dangers of trying one’s attorney’s fees claim–or any other claim–in a bench trial–your opponent can first claim on appeal that you were barred from recovering fees at all:
Attorney’s Fees: “The record shows ANG pled for an award of its attorney’s fees in their “Complaint for Forcible Detainer.”…The Quintanillas raised no objection at any time—in pleading, in a motion, or during trial—to ANG’s request for attorney’s fees. The Quintanillas did not object to ANG’s evidence of its attorney’s fees. Generally, the failure to raise an issue in the trial court waives [*16] complaint on appeal. See Tex. R. App. P. 33.1. As the Quintanillas raised no objection to the request for, or the evidence of, ANG’s attorney’s fees, they failed to preserve those issues. See id. However, in a non-jury case, as here, an appellant may raise a no-evidence point for the first time on appeal….Tex. R. Civ. P. 324. The Quintanillas’ briefing raises the issue that ANG was barred from recovering attorney’s fees in a no-evidence, legal sufficiency context.” Quintanilla v. ANG Rental Holdings Series, LLC-Series Redeemer, No. 05-20-00062-CV, 2021 Tex. App. LEXIS 6760, at *15-16 (Tex. App.—Dallas Aug. 16, 2021)
All for now. Y’all take good care.
Yours, Steve Hayes
shayes@stevehayeslaw.com; 817/371-8759; www.stevehayeslaw.com