Haynes and Boone's Newsroom
Non-Charge Preservation of Error
11/14/2001
Heather Bailey New
Excerpt
THE RATIONALE BEHIND THE RULES
A. In order to preserve a complaint for appellate review, a party must present to the trial court a timely request, objection or motion with sufficient specificity to make the trial court aware of the complaint, unless the specific grounds were apparent from the context because
- fairness to all parties requires a litigant to advance complaints at a time when there is an opportunity to respond or cure them,
- reversing a case for error not raised in a timely fashion permits the losing party to second guess its tactical decisions after they do not produce the desired results, and
- judicial economy requires that issues be raised first in the trial court in order to spare the parties and the public the expense of a potentially unnecessary appeal.
Chappell Hill Bank v. Lane Bank Equipment Co., 38 S.W.3d 237 (Tex. App.--Texarkana 2001, pet. denied).