appellant can preserve error in Texas

2023See Weeks Marine, Inc. v. Garza, 371 S.W.3d 157, 162 (Tex. 2012) (“An appellant can preserve error in the body of their appellate brief, even if it is not separately listed in the notice of appeal or presented as an issue in the brief.”); see also, e.g., Anderson v. Long, 118 S.W.3d 806, 809-10 (Tex. App.—Fort Worth 2003, no pet.) (holding that the appellant could challenge an interlocutory partial 5 summary judgment even though the notice of appeal stated that the appeal was from the order sustaining a subsequent plea to the jurisdiction).

2023See Weeks Marine, Inc. v. Garza, 371 S.W.3d 157, 162 (Tex. 2012) (“An appellant can preserve error in the body of their appellate brief, even if it is not separately listed in the notice of appeal or presented as an issue in the brief.”) (internal quotations and citations omitted). 14 2.

2022United Parcel Serv., Inc. v. Tasdemiroglu, 25 S.W.3d 914, 916 (Tex. App.—Houston [14th Dist.] 2000, pet. denied) (citing Cecil v. Smith, 804 S.W.2d 509 , 510–11 (Tex. 1991)).

2022P. 38.9; Weeks Marine, Inc. v. Garza, 371 S.W.3d 157, 162 (Tex. 2012) (“An appellant can preserve error ‘in the body of their appellate brief,’ even if it is not separately listed in the notice of appeal or presented as an issue in the brief.”) (citation omitted); Davis Apparel v. Gale-Sobel, a Div. of Angelica Corp., 117 S.W.3d 15, 19 (Tex. App.—Eastland 2003, no pet.) (noting that, under the liberal rules of construction applicable to briefs, court could consider appellant’s alternative argument pertaining to trial court’s ruling on an issue not expressly stated in its appellate issues). –7–

2021“An appellant can preserve error ‘in the body of their appellate brief,’ even if it is not separately listed in the notice of appeal or presented as an issue in the brief.” 1 Appellee moved to strike the affidavits filed by appellant but the trial court did not rule on appellee’s motion. 3 Weeks Marine, Inc. v. Garza, 371 S.W.3d 157, 162 (Tex. 2012) (quoting Perry v. Cohen, 272 S.W.3d 585, 587 (Tex. 2008) (per curiam)).

2016“An appellant can preserve error ‘in the body of their appellate brief,’ even if it is not separately listed in the notice of appeal or presented as an issue in the brief.” Id. (quoting Perry, 272 S.W.3d at 586 ).

2023See Weeks Marine, Inc. v. Garza, 371 S.W.3d 157, 162 (Tex. 2012) (“An appellant can preserve error in the body of their appellate brief, even if it is not separately listed in the notice of appeal or presented as an issue in the brief.”); see also, e.g., Anderson v. Long, 118 S.W.3d 806, 809-10 (Tex. App.—Fort Worth 2003, no pet.) (holding that the appellant could challenge an interlocutory partial 5 summary judgment even though the notice of appeal stated that the appeal was from the order sustaining a subsequent plea to the jurisdiction).

2022P. 38.9; Weeks Marine, Inc. v. Garza, 371 S.W.3d 157, 162 (Tex. 2012) (“An appellant can preserve error ‘in the body of their appellate brief,’ even if it is not separately listed in the notice of appeal or presented as an issue in the brief.”) (citation omitted); Davis Apparel v. Gale-Sobel, a Div. of Angelica Corp., 117 S.W.3d 15, 19 (Tex. App.—Eastland 2003, no pet.) (noting that, under the liberal rules of construction applicable to briefs, court could consider appellant’s alternative argument pertaining to trial court’s ruling on an issue not expressly stated in its appellate issues). –7–

2013See Lueg v. Lueg, 976 S.W.2d 308, 312 (Tex. App.—Corpus Christi 1998, pet. denied) (holding that an argument was waived because the “brief cites us to no specific record references for these alleged facts on record”); see also Flores v. United Freedom Assocs., 314 S.W.3d 113, 116 (Tex. App.—El Paso 2010, no pet.) (overruling an argument as inadequately briefed because appellant failed to cite legal authorities or present argument); cf. Weeks Marine, Inc. v. Garza, 371 S.W.3d 157, 162 (Tex. 2012) (“An appellant can preserve error ‘in the body of their appellate brief,’ even if it is not separat

2013See Lueg v. Lueg, 976 S.W.2d 308, 312 (Tex. App.—Corpus Christi 1998, pet. denied) (holding that an argument was waived because the “brief cites us to no specific record references for these alleged facts on record”); see also Flores v. United Freedom Assocs., 314 S.W.3d 113, 116 (Tex. App.—El Paso 2010, no pet.) (overruling an argument as inadequately briefed because appellant failed to cite legal authorities or present argument); cf. Weeks Marine, Inc. v. Garza, 371 S.W.3d 157, 162 (Tex. 2012) (“An appellant can preserve error ‘in the body of their appellate brief,’ even if it is not separat