absence of properly assigned error in Texas

2020See Texas Nat’l Bank v. Karnes, 717 S.W.2d 901, 903 (Tex. 1986) (holding that “the court of appeals may not reverse a trial court’s judgment in the absence of properly assigned error”).

2019Accordingly, we need not and do not address the trial court’s order sustaining the nonresidents’ objection to the nonresident defendants’ Exhibit A. See Texas Nat’l Bank v. Karnes, 717 S.W.2d 901, 903 (Tex. 1986) (holding that “the court of appeals may not reverse a trial court’s judgment in the absence of properly assigned error”).

2024See San Jacinto River Auth. v. Duke, 783 S.W.2d 209, 210 (Tex. 1990) (“A court of appeals may not reverse a trial court’s judgment in the absence of properly assigned error.”).

2023A court of appeals may not reverse a trial court’s judgment in the absence of properly assigned error.”); San Jacinto River Auth. v. Duke, 783 S.W.2d 209, 210 (Tex. 1990) (per curiam) (“A court of appeals may not reverse a trial court’s judgment in the absence of properly assigned error.”); State Bar of Tex. v. Evans, 774 S.W.2d 656 , 658 n.5 (Tex. 1989) (per curiam) (“None of the arguments were raised by Evans at trial or on appeal, and the court of appeals thus erred in raising these arguments sua sponte –6– adversary system of justice generally depends ‘on the parties to frame the issues fo

2010See Pat Baker Co. v. Wilson, 971 S.W.2d 447, 450 (Tex.1998) (per curiam) ("It is axiomatic that an appellate court cannot reverse a trial court’s judgment absent properly assigned error.”); Selz v. Friendly Chevrolet, Ltd., 152 S.W.3d 833, 838 (Tex.App.-Dallas 2005, no pet.) (“We may not reverse a trial court's judgment in the absence of properly assigned error.”). 3 .

2003The court of appeals will err if it reverses on that ground in the absence of properly assigned error Pat Baker Co. v. Wilson, 971 S.W.2d 447, 450 (Tex.1998); Vawter, 786 S.W.2d 263 ; Allright, Inc. v. Pearson, 735 S.W.2d 240 (Tex.1987). 3 .

2024“A court of appeals may not reverse a trial court judgment on a ground not raised.” Pike v. Tex. EMC Mgmt., LLC, 610 S.W.3d 763 , 782 (Tex. 2020); see also Walling v. Metcalfe, 863 S.W.2d 56, 58 (Tex. 1993) (per curiam) (“We have held repeatedly that the courts of appeals may not reverse the judgment of a trial court for a reason not raised in a[n issue presented].”); Vawter v. Garvey, 786 S.W.2d 263, 264 (Tex. 1990) (per curiam) (“A court of appeals may not reverse a trial court’s judgment in the absence of properly assigned error.”).

2019P. 47.1 (appellate court may address only issues raised by party); Tex. Ass’n Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 444 (Tex. 1993); Vawter, 786 S.W.2d at 264 (“A court of appeals may not reverse a trial court’s judgment in the absence of properly assigned error.”); 23 Tanglewood Homes Ass’n v. Feldman, 436 S.W.3d 48, 68 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (where appellant did not challenge directed verdict on certain issues, he did not provide basis for overturning trial court’s ruling).

2018Franclen, Inc. , 710 S.W.2d 568 , 569 (Tex. 1986) (per curiam) ("An appellate court is not authorized to reverse a trial court's judgment in the absence of properly assigned error."); State Bd. of Ins. v. Westland Film Indus. , 705 S.W.2d 695 , 696 (Tex. 1986) (per curiam) ("An appellate court is not authorized to reverse a trial court's judgment in the absence of properly assigned error.") (citing Gulf Consol.

2006See Texas Nat’l Bank v. Karnes, 717 S.W.2d 901, 903 (Tex.1986); State Bd. of Ins. v. Westland Film Indus., 705 S.W.2d 695, 696 (Tex.1986) (An appellate court may not reverse a trial court’s judgment in the absence of properly assigned error.). .

2018Int'l, Inc. v. Murphy , 658 S.W.2d 565 , 566 (Tex. 1983) (per curiam) ("The court of appeals is not authorized to reverse a trial court's judgment in the absence of a properly assigned error.") ); Am.

1990Gulf Consolidated Int'l, Inc. v. Murphy, 658 S.W.2d 565, 566 (Tex.1983); Department of Human Resources v. Wininger, 657 S.W.2d 783, 784 (Tex.1983); Samples Exterminators v. Samples, 640 S.W.2d 873, 875 (Tex.1982); Mullinax, Wells, Baab & Cloutman v. Sage, 692 S.W.2d 533, 536 (Tex.App.-Dallas 1985, writ ref’d n.r.e.).

2023Agency v. Burke, 711 S.W.2d 7, 9 (Tex. 1986) (per curiam) (stating, “The court of appeals reversed the trial court’s summary judgment on grounds not properly before it” and remanding to the court of appeals “for review of the only point of error properly before it.”); Samples Exterminators v. Samples, 640 S.W.2d 873, 875 (Tex. 1982) (per curiam) (“The court of appeals erred in reversing the trial court’s judgment in the absence of properly assigned error.”). –7– must be assigned as error on appeal”); Selz v. Friendly Chevrolet, Ltd., 152 S.W.3d 833, 838 (Tex. App.—Dallas 2005, no pet.) (“We ma

2018See Nall v. Plunkett , 404 S.W.3d 552 , 556 (Tex. 2013) (per curiam) (holding that party "waived the issue of whether summary judgment was proper on the merits in this case by failing to brief it in the court of appeals"); Samples Exterminators v. Samples , 640 S.W.2d 873 , 875 (Tex. 1982) (per curiam) (holding that party "waived his right to complain of" issue he failed to present as a point of error in the court of appeals and that the "court of appeals erred in reversing the trial court's judgment in the absence of properly assigned error").

2023Agency v. Burke, 711 S.W.2d 7, 9 (Tex. 1986) (per curiam) (stating, “The court of appeals reversed the trial court’s summary judgment on grounds not properly before it” and remanding to the court of appeals “for review of the only point of error properly before it.”); Samples Exterminators v. Samples, 640 S.W.2d 873, 875 (Tex. 1982) (per curiam) (“The court of appeals erred in reversing the trial court’s judgment in the absence of properly assigned error.”). –7– must be assigned as error on appeal”); Selz v. Friendly Chevrolet, Ltd., 152 S.W.3d 833, 838 (Tex. App.—Dallas 2005, no pet.) (“We ma

2018Agency v. Burke , 711 S.W.2d 7 , 8 (Tex. 1986) (per curiam) ("An appellate court is not authorized to reverse a trial court's judgment in the absence of properly assigned error."); Prudential Ins.

2000See San Jacinto River Auth. v. Duke , 783 S.W.2d 209, 210 (Tex. 1990); Orchid Software, Inc. v. Prentice-Hall, Inc. , 804 S.W.2d 208, 211 (Tex. App.--Austin 1991, writ denied); Larrumbide v. Doctors Health Facilities , 734 S.W.2d 685, 687 (Tex. App.--Dallas 1987, writ denied).

2000See San Jacinto River Auth. v. Duke , 783 S.W.2d 209, 210 (Tex. 1990); Orchid Software, Inc. v. Prentice-Hall , Inc. , 804 S.W.2d 208, 211 (Tex. App.--Austin 1991, writ denied); Larrumbide v. Doctors Health Facilities , 734 S.W.2d 685, 687 (Tex. App.--Dallas 1987, writ denied).

2023Franclen, Inc., 710 S.W.2d 568, 569 (Tex. 1986) (“An appellate court is not authorized to reverse a trial court’s judgment in the absence of properly assigned error.”).

2018Franclen, Inc. , 710 S.W.2d 568 , 569 (Tex. 1986) (per curiam) ("An appellate court is not authorized to reverse a trial court's judgment in the absence of properly assigned error."); State Bd. of Ins. v. Westland Film Indus. , 705 S.W.2d 695 , 696 (Tex. 1986) (per curiam) ("An appellate court is not authorized to reverse a trial court's judgment in the absence of properly assigned error.") (citing Gulf Consol.

2009See Haire v. Nathan Watson Co., 221 S.W.3d 293 , 301–02 (Tex. App.—Fort Worth 2007, no pet.) (holding that part of a trial court’s summary judgment decision should be affirmed because the appellant did not challenge all of the grounds for the decision on appeal); Shelton v. Sargent, 144 S.W.3d 113, 129 (Tex. App.—Fort Worth 2004, pet. denied) (holding the same and noting that “[w]e do not have a duty to perform an independent review of the record and applicable law”); see also Vawter v. Garvey, 786 S.W.2d 263, 264 (Tex. 1990) (”A court of appeals may not reverse a trial court’s judgment in the

2009See Haire v. Nathan Watson Co. , 221 S.W.3d 293 , 301–02 (Tex. App.—Fort Worth 2007, no pet.) (holding that part of a trial court’s summary judgment decision should be affirmed because the appellant did not challenge all of the grounds for the decision on appeal); Shelton v. Sargent , 144 S.W.3d 113, 129 (Tex. App.—Fort Worth 2004, pet. denied) (holding the same and noting that “[w]e do not have a duty to perform an independent review of the record and applicable law”); see also Vawter v. Garvey , 786 S.W.2d 263, 264 (Tex. 1990) (”A court of appeals may not reverse a trial court’s judgment in

2009See Haire v. Nathan Watson Co., 221 S.W.3d 293 , 301–02 (Tex. App.—Fort Worth 2007, no pet.) (holding that part of a trial court’s summary judgment decision should be affirmed because the appellant did not challenge all of the grounds for the decision on appeal); Shelton v. Sargent, 144 S.W.3d 113, 129 (Tex. App.—Fort Worth 2004, pet. denied) (holding the same and noting that “[w]e do not have a duty to perform an independent review of the record and applicable law”); see also Vawter v. Garvey, 786 S.W.2d 263, 264 (Tex. 1990) (”A court of appeals may not reverse a trial court’s judgment in the

2009See Haire v. Nathan Watson Co. , 221 S.W.3d 293 , 301–02 (Tex. App.—Fort Worth 2007, no pet.) (holding that part of a trial court’s summary judgment decision should be affirmed because the appellant did not challenge all of the grounds for the decision on appeal); Shelton v. Sargent , 144 S.W.3d 113, 129 (Tex. App.—Fort Worth 2004, pet. denied) (holding the same and noting that “[w]e do not have a duty to perform an independent review of the record and applicable law”); see also Vawter v. Garvey , 786 S.W.2d 263, 264 (Tex. 1990) (”A court of appeals may not reverse a trial court’s judgment in

2024AHT also does not challenge the reasonableness of the cost of removal and disposition of the tractor and trailer 5 or challenge the sufficiency of the evidence supporting a finding that it was liable under the statute.5 “With the exception of fundamental errors,[6] a court of appeals must not reverse a trial court’s judgment in the absence of properly assigned error.” Brumley v. McDuff, 616 S.W.3d 826 , 830 (Tex. 2021) (citing Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 577 (Tex. 2006)).

2021The court of appeals read this as covering a pleadings-defect issue, despite the absence of any argument regarding the Brumleys’ pleadings or that the jury charge submitted a claim not supported by the pleadings. 10 Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 577 (Tex. 2006). 11 See TEX.

2024“A court of appeals may not reverse a trial court judgment on a ground not raised.” Pike v. Tex. EMC Mgmt., LLC, 610 S.W.3d 763 , 782 (Tex. 2020); see also Walling v. Metcalfe, 863 S.W.2d 56, 58 (Tex. 1993) (per curiam) (“We have held repeatedly that the courts of appeals may not reverse the judgment of a trial court for a reason not raised in a[n issue presented].”); Vawter v. Garvey, 786 S.W.2d 263, 264 (Tex. 1990) (per curiam) (“A court of appeals may not reverse a trial court’s judgment in the absence of properly assigned error.”).

1999Later, in Walling v. Metcalfe, 863 S.W.2d 56, 58 (Tex.1993), the Court stated: We have held repeatedly that the court of appeals may not reverse the judgment of the trial court for a reason not raised in a point of error.

2023Agency v. Burke, 711 S.W.2d 7, 9 (Tex. 1986) (per curiam) (stating, “The court of appeals reversed the trial court’s summary judgment on grounds not properly before it” and remanding to the court of appeals “for review of the only point of error properly before it.”); Samples Exterminators v. Samples, 640 S.W.2d 873, 875 (Tex. 1982) (per curiam) (“The court of appeals erred in reversing the trial court’s judgment in the absence of properly assigned error.”). –7– must be assigned as error on appeal”); Selz v. Friendly Chevrolet, Ltd., 152 S.W.3d 833, 838 (Tex. App.—Dallas 2005, no pet.) (“We ma

2010See Pat Baker Co. v. Wilson, 971 S.W.2d 447, 450 (Tex.1998) (per curiam) ("It is axiomatic that an appellate court cannot reverse a trial court’s judgment absent properly assigned error.”); Selz v. Friendly Chevrolet, Ltd., 152 S.W.3d 833, 838 (Tex.App.-Dallas 2005, no pet.) (“We may not reverse a trial court's judgment in the absence of properly assigned error.”). 3 .

2020See Ontiveros v. Flores, 218 S.W.3d 70, 71 (Tex. 2007) (per curiam) (appellant who does not assert error as to summary judgment against some of his claims waives error as to them and court of appeals erred by reversing summary judgment on those claims); San Jacinto River Auth. v. Duke, 783 S.W.2d 209, 210 (Tex. 1990) (per curiam) (holding a court of appeals may not reverse a trial court’s judgment in the absence of properly assigned error).

2012See Ontiveros v. Flores, 218 S.W.3d 70, 71 (Tex.2007) (per curiam) (appellant who does not assert error as to summary judgment against some of his claims waives error as to them and court of appeals erred by reversing summary judgment on those claims); San Jacinto River Auth. v. Duke, 783 S.W.2d 209, 210 (Tex.1990) (per curiam) (holding a court of appeals may not reverse a trial court’s judgment in the absence of properly assigned error). .

2012Frazier v. Yu, 987 S.W.2d 607, 610 (Tex. App.—Fort Worth 1999, pet. denied); see San Jacinto River Auth. v. Duke, 783 S.W.2d 209, 210 (Tex. 1990) (explaining that a “court of appeals may not reverse a trial court’s judgment in the absence of properly assigned error”); Burton v. Carter BloodCare, No. 02-11-00003-CV, 2012 WL 42899 , at *8 (Tex. App.—Fort Worth Jan. 5, 2012, no pet.) (mem. op.) (“The trial court sustained the objections [to summary judgment evidence], and appellant’s original briefing did not challenge that decision.

2012Frazier v. Yu , 987 S.W.2d 607, 610 (Tex. App.—Fort Worth 1999, pet. denied); see San Jacinto River Auth. v. Duke , 783 S.W.2d 209, 210 (Tex. 1990) (explaining that a “court of appeals may not reverse a trial court’s judgment in the absence of properly assigned error”); Burton v. Carter BloodCare , No. 02-11-00003-CV, 2012 WL 42899 , at *8 (Tex. App.—Fort Worth Jan. 5, 2012, no pet.) (mem. op.) (“The trial court sustained the objections [to summary judgment evidence], and appellant’s original briefing did not challenge that decision.

2002Malooly Bros., Inc. v. Napier, 461 S.W.2d 119,121 (Tex.1970).

2001Malooly Bros., Inc. v. Napier, 461 S.W.2d 119, 121 (Tex.1970).

2000See San Jacinto River Auth. v. Duke , 783 S.W.2d 209, 210 (Tex. 1990); Orchid Software, Inc. v. Prentice-Hall, Inc. , 804 S.W.2d 208, 211 (Tex. App.--Austin 1991, writ denied); Larrumbide v. Doctors Health Facilities , 734 S.W.2d 685, 687 (Tex. App.--Dallas 1987, writ denied).

2000See San Jacinto River Auth. v. Duke , 783 S.W.2d 209, 210 (Tex. 1990); Orchid Software, Inc. v. Prentice-Hall , Inc. , 804 S.W.2d 208, 211 (Tex. App.--Austin 1991, writ denied); Larrumbide v. Doctors Health Facilities , 734 S.W.2d 685, 687 (Tex. App.--Dallas 1987, writ denied).

1990Gulf Consolidated Int'l, Inc. v. Murphy, 658 S.W.2d 565, 566 (Tex.1983); Department of Human Resources v. Wininger, 657 S.W.2d 783, 784 (Tex.1983); Samples Exterminators v. Samples, 640 S.W.2d 873, 875 (Tex.1982); Mullinax, Wells, Baab & Cloutman v. Sage, 692 S.W.2d 533, 536 (Tex.App.-Dallas 1985, writ ref’d n.r.e.).

1987Gulf Consolidated Int'l, Inc. v. Murphy, 658 S.W.2d 565, 566 (Tex.1983); Dept. of Human Resources v. Wininger, 657 S.W.2d 783, 784 (Tex.1983); Samples Exterminators v. Samples, 640 S.W.2d 873, 875 (Tex.1982); Mullinax, Wells, Baab & Cloutman v. Sage, 692 S.W.2d 533, 536 (Tex.App.—Dallas 1985, writ ref’d n.r.e.).

1990Gulf Consolidated Int'l, Inc. v. Murphy, 658 S.W.2d 565, 566 (Tex.1983); Department of Human Resources v. Wininger, 657 S.W.2d 783, 784 (Tex.1983); Samples Exterminators v. Samples, 640 S.W.2d 873, 875 (Tex.1982); Mullinax, Wells, Baab & Cloutman v. Sage, 692 S.W.2d 533, 536 (Tex.App.-Dallas 1985, writ ref’d n.r.e.).

1987Gulf Consolidated Int'l, Inc. v. Murphy, 658 S.W.2d 565, 566 (Tex.1983); Dept. of Human Resources v. Wininger, 657 S.W.2d 783, 784 (Tex.1983); Samples Exterminators v. Samples, 640 S.W.2d 873, 875 (Tex.1982); Mullinax, Wells, Baab & Cloutman v. Sage, 692 S.W.2d 533, 536 (Tex.App.—Dallas 1985, writ ref’d n.r.e.).

2009Pat Baker Co. v. Wilson , 971 S.W.2d 447, 450 (Tex. 1998); Vawter v. Garvey , 786 S.W.2d 263 (Tex. 1990); Allright, Inc. v Pearson , 735 S.W.2d 240 (Tex. 1987).

2003The court of appeals will err if it reverses on that ground in the absence of properly assigned error Pat Baker Co. v. Wilson, 971 S.W.2d 447, 450 (Tex.1998); Vawter, 786 S.W.2d 263 ; Allright, Inc. v. Pearson, 735 S.W.2d 240 (Tex.1987). 3 .

2023A court of appeals may not reverse a trial court’s judgment in the absence of properly assigned error.”); San Jacinto River Auth. v. Duke, 783 S.W.2d 209, 210 (Tex. 1990) (per curiam) (“A court of appeals may not reverse a trial court’s judgment in the absence of properly assigned error.”); State Bar of Tex. v. Evans, 774 S.W.2d 656 , 658 n.5 (Tex. 1989) (per curiam) (“None of the arguments were raised by Evans at trial or on appeal, and the court of appeals thus erred in raising these arguments sua sponte –6– adversary system of justice generally depends ‘on the parties to frame the issues fo

2018See Murphy , 458 S.W.3d at 916 ("A court of appeals commits reversible error when it sua sponte raises grounds to reverse a summary judgment that were not briefed or argued in the appeal."); Garcia v. Robinson , 817 S.W.2d 59 , 60 (Tex. 1991) (per curiam) ("The court of appeals should not have reached this issue, however, because the Robinsons did not raise it in the trial court or brief it on appeal."); Vawter v. Garvey , 786 S.W.2d 263 , 264 (Tex. 1990) (per curiam) ("A court of appeals may not reverse a trial court's judgment in the absence of properly assigned error."); San Jacinto River A

2019P. 47.1 (appellate court may address only issues raised by party); Tex. Ass’n Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 444 (Tex. 1993); Vawter, 786 S.W.2d at 264 (“A court of appeals may not reverse a trial court’s judgment in the absence of properly assigned error.”); 23 Tanglewood Homes Ass’n v. Feldman, 436 S.W.3d 48, 68 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (where appellant did not challenge directed verdict on certain issues, he did not provide basis for overturning trial court’s ruling).

2019P. 47.1 (appellate court may address only issues raised by party); Tex. Ass’n Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 444 (Tex. 1993); Vawter, 786 S.W.2d at 264 (“A court of appeals may not reverse a trial court’s judgment in the absence of properly assigned error.”); 23 Tanglewood Homes Ass’n v. Feldman, 436 S.W.3d 48, 68 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (where appellant did not challenge directed verdict on certain issues, he did not provide basis for overturning trial court’s ruling).

2018See also Finch v. Finch , 825 S.W.2d 218 , 221 (Tex. App.-Houston [1st Dist.] 1992, no writ) ("One who complains of the way the trial court divided the properties must be able to show from the evidence in the record that the division is so unjust and unfair as to constitute an abuse of discretion."); Gendebien v. Gendebien , 668 S.W.2d 905 , 909 (Tex. App.-Houston [14th Dist.] 1984, no writ) ("Appellant has failed to prove that Appellee owned such land and has failed to show the trial court abused its discretion in the division of the community property.").

2018See Nall v. Plunkett , 404 S.W.3d 552 , 556 (Tex. 2013) (per curiam) (holding that party "waived the issue of whether summary judgment was proper on the merits in this case by failing to brief it in the court of appeals"); Samples Exterminators v. Samples , 640 S.W.2d 873 , 875 (Tex. 1982) (per curiam) (holding that party "waived his right to complain of" issue he failed to present as a point of error in the court of appeals and that the "court of appeals erred in reversing the trial court's judgment in the absence of properly assigned error").