Legal Opinion · Dissent

In Re Smith

Texas Court of Appeals, 5th District (Dallas)

Decided March 30, 2012No. 05-11-01657-CVPublished

1Dissent

Dissenting Opinion By

Justice MURPHY.

A prerequisite to presenting a complaint for appellate review is a timely request, objection, or motion that states the grounds for the ruling that the complaining party sought from the trial court. Tex. R.App. P. 33.1(a)(1)(A). This Court has cited or quoted this mandate repeatedly to emphasize that the trial court must have the opportunity to rule on an issue or to correct an erroneous ruling before we can review the issue on appeal, much less mandamus a trial court for a clear abuse of discretion. Yet we are conditionally granting mandamus to require the…

2Cases cited6 opinions

  1. Friesenhahn v. RyanTexas Supreme Court · 1998
  2. Parker v. BarefieldTexas Supreme Court · 2006
  3. Eckmann v. Des Rosiers, Texas Court of Appeals, 3rd District (Austin)1997
  4. In re Oncor Electric Delivery Co.Court of Appeals of Texas · 2011
  5. Hewitt v. BiscaroCourt of Appeals of Texas · 2011

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