party fails to preserve error (Texas) · Go Syfert
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party fails to preserve error in Texas

43 Texas opinions name it 2 courts 1998–2026 15 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (19)

CaseFollowedCited
Federal Deposit Insurance Corp. v. Lenkgreen
tex · 2012 · cited in 13 Texas opinions naming this issue, 2016–2025
2 sentences

2025Corp. v. Lenk, 361 S.W.3d 602, 604 (Tex. 2012) (“When a party fails to preserve error in the trial court . . . , an appellate court may not consider the unpreserved or waived issue.”).

2025See FDIC v. Lenk, 361 S.W.3d 602, 604 (Tex. 2012) (“When a party fails to preserve error in the trial court . . . , an appellate court may not consider the unpreserved or waived issue.”).

1313
Lovill v. Stategreen
texcrimapp · 2009 · cited in 9 Texas opinions naming this issue, 2015–2023
2 sentences

2023Lovill v. State, 319 S.W.3d 687 691–92 (Tex. Crim.

2018See Lovill v. State, 319 S.W.3d 687 , 691–92 (Tex. Crim.

79
Rothstein v. Stategreen
texapp · 2008 · cited in 6 Texas opinions naming this issue, 2012–2016
2 sentences

2016See Lovill v. State, 319 S.W.3d 687, 691-92 (Tex.Crim.App.2009); Rothstein v. State, 267 S.W.3d 366, 373 (Tex.App.-Houston [14th Dist.] 2008, pet. ref'd).

2015See Rothstein, 267 S.W.3d at 373 .

56
Clark v. Stategreen
texcrimapp · 2012 · cited in 3 Texas opinions naming this issue, 2018–2026
2 sentences

2026Clark v. State, 365 S.W.3d 333, 339 (Tex. Crim.

2025Clark v. State, 365 S.W.3d 333, 339 (Tex. Crim.

33
C.M. Asfahl Agency v. Tensor Inc.green
texapp · 2004 · cited in 3 Texas opinions naming this issue, 2014–2021
2 sentences

2021Asfahl Agency v. Tensor, Inc., 135 S.W.3d 768, 785 (Tex. App.—Houston [1st Dist.] 2004, no pet.) (“A party fails to preserve error . . . when that party waives, or invites, the alleged error. . . .”).

2016Asfahl Agency v. Tensor, Inc., 135 S.W.3d 768, 785 (Tex. App.—Houston [1st Dist.] 2004, no pet.) (“A party fails to preserve error in the jury charge when that party waives, or invites, the alleged error by acquiescing to [or] submitting a theory that the party 7 Merit also submitted a proposed question asking the jury to interpret the conveyances.

33
In Re MSgreen
tex · 2003 · cited in 2 Texas opinions naming this issue, 2021–2024
2 sentences

2024P. 33.1(a) (“As a prerequisite to presenting a complaint for appellate review...”); Federal Deposit Ins. v. Lenk, 361 S.W.3d 602, 604 (Tex. 2012) (“When a party fails to preserve error in the trial court or waives an argument on appeal, an appellate court may not consider the unpreserved or waived issue.”); In re M.S., 115 S.W.3d 534, 547 (Tex. 2003) (describing error preservation as “threshold to appellate review”); Alikhan v. Alikhan, No. 03-19-00515-CV, 2021 WL 3085844 , at *3 (Tex. App.—Austin July 22, 2021, pet. denied) (mem. op.).

2021App. P. 33.1(a) (“As a prerequisite to presenting a complaint for appellate review . . . .”); Federal Deposit Ins. v. Lenk, 361 S.W.3d 602, 604 (Tex. 2012) (“When a party fails to preserve error in the trial court or waives an argument on appeal, an appellate court may not consider the unpreserved or waived issue.”); In re M.S., 115 S.W.3d 534, 547 (Tex. 2003) (describing error preservation as “threshold to appellate review”); In re C.O.S., 988 S.W.2d at 765 (“Generally, our civil rules of procedure and our decisions thereunder require a party to apprise a trial court of its error before that

22
Marin v. IESI TX CORP.green
texapp · 2010 · cited in 2 Texas opinions naming this issue, 2011–2019
2 sentences

2019See Marin v. IESI TX Corp., 317 S.W.3d 314, 324 (Tex. App.–Houston [1st Dist.] 2010, pet. filed).

2011See Marin v. IESI TX Corp., 317 S.W.3d 314, 324 (Tex.App.-Houston [1st Dist.] 2010, pet. filed).

22
Harris v. Stategreen
texcrimapp · 1992 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Harris v. State, 827 S.W.2d 949, 957-58 (Tex. Crim.

2010See Harris v. State , 827 S.W.2d 949, 957-58 (Tex. Crim.

22
Blackshear, George Edwardgreen
texcrimapp · 2012 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024Blackshear v. State, 385 S.W.3d 589, 591 (Tex. Crim.

11
Cecil v. Smithgreen
tex · 1991 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021App. P. 33.1(a) (“As a prerequisite to presenting a complaint for appellate review . . . .”); Federal Deposit Ins. v. Lenk, 361 S.W.3d 602, 604 (Tex. 2012) (“When a party fails to preserve error in the trial court or waives an argument on appeal, an appellate court may not consider the unpreserved or waived issue.”); In re M.S., 115 S.W.3d 534, 547 (Tex. 2003) (describing error preservation as “threshold to appellate review”); In re C.O.S., 988 S.W.2d at 765 (“Generally, our civil rules of procedure and our decisions thereunder require a party to apprise a trial court of its error before that

11
In Re COSgreen
tex · 1999 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021App. P. 33.1(a) (“As a prerequisite to presenting a complaint for appellate review . . . .”); Federal Deposit Ins. v. Lenk, 361 S.W.3d 602, 604 (Tex. 2012) (“When a party fails to preserve error in the trial court or waives an argument on appeal, an appellate court may not consider the unpreserved or waived issue.”); In re M.S., 115 S.W.3d 534, 547 (Tex. 2003) (describing error preservation as “threshold to appellate review”); In re C.O.S., 988 S.W.2d at 765 (“Generally, our civil rules of procedure and our decisions thereunder require a party to apprise a trial court of its error before that

11
Massey v. Columbus State Bankgreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020Craddock v. Sunshine Bus Lines, Inc., 133 S.W.2d 124, 126 (Tex. [Comm’n Op.] 1939); see Massey v. Columbus State Bank, 35 S.W.3d 697, 699 (Tex. App.— Houston [1st Dist.] 2000, pet. denied) (discussing Tex. R.

11
Craddock v. Sunshine Bus Lines, Inc.green
tex · 1939 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020Craddock v. Sunshine Bus Lines, Inc., 133 S.W.2d 124, 126 (Tex. [Comm’n Op.] 1939); see Massey v. Columbus State Bank, 35 S.W.3d 697, 699 (Tex. App.— Houston [1st Dist.] 2000, pet. denied) (discussing Tex. R.

11
Thomas v. Stategreen
texcrimapp · 1986 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Clark v. State, 365 S.W.3d 333, 339 (Tex.Crim.App. 2012), citing Thomas v. State, 723 S.W.2d 696, 700 (Tex.Crim.App. 1986).

11
Lankston v. Stategreen
texcrimapp · 1992 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018A party “must be specific enough so as to ‘let the trial [court] know what he wants, why he thinks himself entitled to it, and do so clearly enough for the [trial court] to understand him at a time when the trial court is in a proper position to do something about it.’” Id. at 313 , quoting Lankston v. State, 827 S.W.2d 907, 909 (Tex.Crim.App. 1992). 22 Also, a party fails to preserve error when the contention urged on appeal does not comport with the specific complaint made in the trial court.

11
Nelson v. Big Woods Springs Improvement Ass'ngreen
texapp · 2010 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016El-Khoury v. Kheir, 241 S.W.3d at 91 ; see also Nelson v. Big Woods Springs Improvement Ass’n, Inc., 322 S.W.3d 678 , 684–85 (Tex. App.— Texarkana 2010, pet. denied). -7- 04-15-00571-CV Review of the City’s response to Continental Homes’s motion for summary judgment and its own motion for summary judgment reveals the City did not challenge the applicability of the Declaratory Judgments Act with regard to an award of attorney’s fees.

11
Wilson v. Stategreen
texcrimapp · 2002 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013Wilson, 71 S.W.3d at 349 (Tex.Crim.App.2002); Roth-stein, 267 S.W.3d at 373 .

11
Volkswagen of America, Inc. v. Ramirezgreen
tex · 2004 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011Volkswagen of Am., Inc. v. Ramirez, 159 S.W.3d 897, 907 (Tex.2004), Thus, a party fails to preserve error if it does not object to the same or similar evidence that is offered by the opposing party.

11
Crum v. Stategreen
texapp · 1997 · cited in 1 Texas opinions naming this issue, 1998–1998
1 sentence

1998Crum v. State, 946 S.W.2d 349, 363 (Tex. App.—Houston [14th Dist.] 1997, pet. ref'd)(holding failure to preserve error with regard to motion for severance where record contained no ruling).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Sorto v. State green
texcrimapp · 2005
1 sentence

2025Clark, 365 S.W.3d at 339 ; Sorto, 173 S.W.3d at 476 .

12025–2025
Resendez v. State green
texcrimapp · 2009
1 sentence

2018A party “must be specific enough so as to ‘let the trial [court] know what he wants, why he thinks himself entitled to it, and do so clearly enough for the [trial court] to understand him at a time when the trial court is in a proper position to do something about it.’” Id. at 313 , quoting Lankston v. State, 827 S.W.2d 907, 909 (Tex.Crim.App. 1992). 22 Also, a party fails to preserve error when the contention urged on appeal does not comport with the specific complaint made in the trial court.

12018–2018
El-Khoury v. Kheir green
texapp · 2007
1 sentence

2016El-Khoury v. Kheir, 241 S.W.3d at 91 ; see also Nelson v. Big Woods Springs Improvement Ass’n, Inc., 322 S.W.3d 678 , 684–85 (Tex. App.— Texarkana 2010, pet. denied). -7- 04-15-00571-CV Review of the City’s response to Continental Homes’s motion for summary judgment and its own motion for summary judgment reveals the City did not challenge the applicability of the Declaratory Judgments Act with regard to an award of attorney’s fees.

12016–2016
Guadalupe-Blanco River Authority v. Kraft green
tex · 2002
1 sentence

2015In Guadalupe-Blanco River Authority v. Kraft, the Court stated that ″a party must object to the testimony before trial or when it is offered.″ Guadalupe-Blanco River Auth., 77 S.W.3d at 807 .

12015–2015
Taylor v. State green
texapp · 2008
1 sentence

2015Is there any Texas Rule of Appellate Procedure that empowers Justice Dauphinot to sua sponte re-determine the validity of an 64 Roberson, 2015 WL 148476 at *9 . 65 264 S.W.3d. 914 (Tex. App.—Fort Worth 2008, no pet.). 66 Juarez, 2009 WL 1564926 . 13 appellate point when the panel hearing the case did not reach the merits and she wasn’t even a member of the panel?

12015–2015
Ex Parte Byrias Roberson green
texapp · 2015
1 sentence

2015Is there any Texas Rule of Appellate Procedure that empowers Justice Dauphinot to sua sponte re-determine the validity of an 64 Roberson, 2015 WL 148476 at *9 . 65 264 S.W.3d. 914 (Tex. App.—Fort Worth 2008, no pet.). 66 Juarez, 2009 WL 1564926 . 13 appellate point when the panel hearing the case did not reach the merits and she wasn’t even a member of the panel?

12015–2015

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.02 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 43 (1998–2026) IA 15 (2010–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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