Hoist Liftruck Mfg, Inc. v. Carruth-Doggett, Inc.
Court of Appeals of Texas
1ConcurrenceKem Thompson Frost, Chief Justice
Under this court’s binding precedent, an appellant need not preserve error to complain on appeal of an injunction-order defect under Texas Rule of Civil Procedure 683. That should change.
Strong Policy Considerations Underlying the Error-Preservation Rule
The Supreme Court of Texas has recognized the strong policy considerations supporting the preservation-of-error requirement.1 A timely and specific complaint alerts the trial court and the adversary to' the alleged error, giving both an opportunity to fix the problem and thereby avert the need to raise the issue on appeal.2 Requiring error…
2Cases cited20 opinions
- Qwest Communications Corp. v. AT & T CORP.Texas Supreme Court · 2000
- State Ex Rel. Latty v. OwensTexas Supreme Court · 1995
- Allen Chadwick Burbage v. W. Kirk Burbage and Burbage Funeral HomeTexas Supreme Court · 2014
- Interfirst Bank San Felipe, N.A. v. Paz Construction Co.Texas Supreme Court · 1986
- City of Houston v. Christopher RhuleTexas Supreme Court · 2013
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