Cecil v. Smith

I respectfully dissent. By holding that a litigant may preserve error by presenting a complaint to the court of appeals for the first time on appeal, the majority has rendered the requirements of Texas Rule of Appellate Procedure 52(a) and Texas Rule of Civil Procedure 324(b)(2) meaningless.1 *513Furthermore, the majority gives its blessing to a practice that was specifically eliminated by the 1984 amendment to Rule 324. Factual insufficiency complaints, never brought to the trial judge’s attention, may ultimately result in a new trial, but only after the added expense and delay of an appeal.…