law-preservation-of-error-for-appeal

ERROR PRESERVATION FOR APPEAL

To preserve error for appellate review, the appellant must make a timely request, objection, or motion
stating the grounds for the ruling the appellant is seeking with sufficient specificity to make the trial court
aware of his complaint.  TEX. R. APP. P. 33.1(a)(1)(A).  In addition, the trial court must rule on the
motion either expressly or implicitly.  TEX. R. APP. P. 33.1(a)(2)(A).  Otherwise, the complaint is waived
and cannot be brought up on appeal.  TEX. R. APP. P. 33.1(a).  It is the appellant’s burden on appeal to
establish that any error complained of has been preserved.  See Hunt Constr. Group, Inc. v. Konecny,
290 S.W.3d 238, 242 (Tex. App.—Houston [1st Dist.] 2008, pet. denied).


Although appellant raised the trial court's questioning of the witnesses in his
motion for new trial, this
objection was untimely. See Low v. Henry, 221 S.W.3d 609, 618 (Tex. 2007) (complaint about lack of
notice of the subject matter of the hearing untimely when first made in motion for new trial.); In re S.E.W.,
168 S.W.3d 875, 885 (Tex. App.-Dallas 2005, no pet.) (complaint about admission of expert testimony
waived when first raised in motion for new trial).08-0301          
ALLEN LANDERMAN v. STATE BAR OF TEXAS; from Collin County; 5th district (
05-07-00332-CV, 247
SW3d 426, 03‑05‑08,
pet. denied Oct 2008) as redrafted (disciplinary proceeding, motion for new trial)




LEGAL THEORIES OF RECOVERY AND LAWSUIT DEFENSES IN TEXAS | INDEX TO HOUSTON CASE LAW PAGES |
TEXAS COURT OF APPEALS OPINIONS  
HOUSTON OPINIONS HOME PAGE